Appeal No. 1999-2030 Page 12
Application No. 08/423,077
We will not sustain the rejection of claims 21 and 22
under
35 U.S.C. § 103 as being unpatentable over Kolff in view of
Admitted Prior Art.
Independent claim 21 is directed to a method for
preoperative localization of a lesion in tissue within a body
part comprising, inter alia, the steps of (1) providing an
optical fiber having a fiber tip; (2) providing retention
means to retain the optical fiber within the body part; (3)
imaging the lesion within the body part; (4) providing a
medical instrument having an instrument tip; (5) positioning
the instrument tip proximate to the lesion; (6) inserting the
optical fiber and the retention means through the medical
instrument to position the fiber tip proximate to the lesion;
(7) withdrawing the medical instrument allowing the retention
means to retain the fiber tip within the body part; (8)
providing a light source; (9) attaching the optical fiber to
the light source causing a light at the fiber tip; and (10)
viewing the light radiating through the body part from the
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