Appeal No. 1998-0308
Application 07/844,879
Peyman describes an unsuccessful experiment to modify the
curvature of rabbit corneas by using a carbon dioxide laser to
produce burns of various intensities, locations and patterns
on the front corneal surface.
The foregoing references constitute a disparate lot in
terms of the various eye surgery methods taught or suggested
thereby. The non-invasive laser techniques disclosed by
L’Esperance ‘608 and L’Esperance ‘913, the cataract ablation
procedure disclosed by Bath and the rabbit experiment
described by Peyman have little, if any, reasonable pertinence
to the lamellar corneal stromectomy technique disclosed by
Krwawicz. Although the invasive laser probe disclosed by
L’Esperance ‘541 is described as having general utility for
the vaporization and removal of corneal tissue, there is
nothing in this reference which indicates that the probe might
be effective for, or even capable of, the particular corneal
tissue removal step in the Krwawicz process. Against this
backdrop, the appellant’s position that the reference
combinations advanced by the examiner are predicated on
impermissible hindsight is persuasive. Given the
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