Ex parte PEYMAN - Page 5




                     Appeal No. 1998-0308                                                                                                                                              
                     Application 07/844,879                                                                                                                                            


                     rejections.2                                                                                                                                                      


                                                                                DISCUSSION                                                                                             


                                Krwawicz, the examiner’s primary reference, discloses a                                                                                                
                     lamellar corneal stromectomy procedure “by means of which a                                                                                                       
                     thin lamella of the stroma can be removed from the central                                                                                                        
                     part of the cornea without injuring its anterior or posterior                                                                                                     
                     surface [whereby] [t]he resulting depression in the anterior                                                                                                      
                     surface of the cornea changes its curvature and thus modifies                                                                                                     
                     the refraction of the eye” (page 829).  As described by                                                                                                           
                     Krwawicz,                                                                                                                                                         


                                           [u]nder local anesthesia, sutures are placed in                                                                                             
                                the lids and in the superior and inferior rectus                                                                                                       
                                muscles.  A circular area, five mm. in diameter, is                                                                                                    
                                marked out in the center of the cornea by lightly                                                                                                      
                                touching it with a trephine; if necessary, the mark                                                                                                    
                                can be intensified by staining.  On the margin of                                                                                                      
                                the operative area thus delineated, preferably on                                                                                                      
                                its temporal side, an incision about three-mm. long                                                                                                    

                                2 The final rejection appealed from (Paper No. 14) also                                                                                                
                     included two obviousness-type double patenting rejections.                                                                                                        
                     The examiner withdrew these rejections (see the advisory                                                                                                          
                     action dated March 8, 1995, Paper No. 17) in response to a                                                                                                        
                     terminal disclaimer filed February 6, 1995 (Paper No. 16).                                                                                                        
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