Appeal No. 1998-0308
Application 07/844,879
appears in the appendix to the appellant’s main brief
(Paper No. 18).
THE EVIDENCE
The items relied upon by the examiner as evidence of
obviousness are:
L’Esperance, Jr. (L’Esperance ‘541) 3,982,541 Sept. 28, 1976
L’Esperance, Jr. (L’Esperance ‘608) 4,538,608 Sept. 3, 1985
L’Esperance, Jr. (L’Esperance ‘913) 4,665,913 May 19, 1987
Bath 4,744,360 May 17, 1988
Peyman et al. (Peyman), “Modification of Rabbit Corneal
Curvature with Use of Carbon Dioxide Laser Burns,” Ophthalmic
Surgery, Vol. 11, No. 5, pp. 325-329, May 1980.
Krwawicz, “Lamellar Corneal Stromectomy,” Notes, Cases,
Instruments, pp. 828-833. 1
The item relied upon by the appellant as evidence of non-
obviousness is:
1Although the copy of the Krwawicz article in the record
does not show a publication date, the appellant has not
disputed that the article or any other item relied upon by the
examiner is prior art with respect to the subject matter
recited in the appealed claims.
2
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