Appeal No. 1997-3676
Application 08/237,221
tissue occluding the duct, and advancing the probe so as to
effect cannulization of occlusive tissue and bone adjacent
thereto by photoablation thereof to create patency of the
ducts and passages by re-establishment of tear flow to the
nasopharynx. The examiner’s conclusion that this method would
have been obvious to one of ordinary skill in the art relies
upon the combined teachings of five references, two of which
are applied to the basic features of the method and three to
the characteristics of the laser.
Our evaluation of the rejection of claim 49 leads us
to conclude that the teachings of the applied prior art fail
to establish a prima facie case of obviousness with regard to
the subject matter recited therein, and we will not sustain
the rejection of claim 49 or, it follows, of claims 51, 53, 54
and 56. Our reasoning follows.
Herrick, the primary reference, is directed to a
method for treating a deficiency in tears. Herrick explains
that his invention replaces the expensive laser equipment of
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