Appeal No. 1998-0308
Application 07/844,879
is made with a keratome (fig. 1). The incision does
not go beyond the superficial layers of the stroma.
Starting from the bottom of the incision, the
superficial layers of the stroma are split through
the previously delineated area with a small flat
knife (fig. 2). Then the original incision is
slightly extended on either end, and the free margin
of the lamellar corneal flap thus obtained is lifted
by means of an additional silk suture (fig. 3).
This facilitates inspection of the deeper layers of
the stroma. Now, another incision is made, starting
from the bottom of the first one and of the same
length, reaching the deeper layers of the stroma
(fig. 4). Again, the stroma is split longitudinally
but this time in its deeper part and over a slightly
smaller area (fig. 5).
In this way a flap is formed inside the corneal
stroma; a part of this flap is then excised with a
2.4 mm. punch forceps introduced through both
incisions (stromectomy, fig. 6). After the removal
of the punch forceps, a distinct concavity can be
seen in the center of the cornea (fig. 7).
Finally, the sutures are removed . . . [pages
829 through 831].
As implicitly conceded by the examiner (see pages 4
through 6 in the answer), Krwawicz’s lamellar corneal
stromectomy technique fails to respond to numerous limitations
in claims 1, 11, 15 and 25 through 27, the six independent
claims on appeal. More particularly, the Krwawicz procedure
does not meet (1) the laser beam and sequential, incremental
cornea portion ablation and removal limitations in claim 1,
6
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