Ex parte HUSSMAN - Page 2




          Appeal No. 1999-2030                                       Page 2           
          Application No. 08/423,077                                                  


               The appellant's invention relates generally to                         
          preoperative tissue localization apparatus (specification, p.               
          1).  A copy of the claims under appeal is set forth in the                  
          appendix to the appellant's brief.                                          


               The prior art of record relied upon by the examiner in                 
          rejecting the appealed claims are:                                          
          Kolff                    5,370,640                     Dec. 6,              
          1994                                                                        
                                                  (filed July 1, 1993)                
          The prior art as described in pages 1-3 of the appellant's                  
          specification (Admitted Prior Art).                                         


               Claims 1 to 3, 5 to 8, 10 to 13 and 15 to 20 stand                     
          rejected under 35 U.S.C. § 102(e) as being anticipated by                   
          Kolff.                                                                      


               Claims 4, 9 and 14 stand rejected under 35 U.S.C. § 103                
          as being unpatentable over Kolff.                                           


               Claims 21 and 22 stand rejected under 35 U.S.C. § 103 as               
          being unpatentable over Kolff in view of Admitted Prior Art.                








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