Appeal No. 1999-2626
Application 08/756,060
dilator comprising, inter alia, an elastic element having
first and second ends, with the elastic element being
“stretchable toward an expanded configuration wherein the
length of the elastic element is increased, and in which
configuration the first end and the second end tend to be
pulled toward one another so as to tend to reduce the
increased length.”
In determining that the subject matter recited in the
appealed claims is anticipated by either Doubek or Johnson,
the examiner has found that the resilient bands 30a and 30b
disclosed by each reference meet the foregoing limitations in
independent claims 1, 6 and 15 relating to the elastic
element. In the examiner’s view, because bands 30a and 30b
are resilient, they can be lengthened and will return to their
original length (see pages 3 and 4 in the answer).
The examiner’s position here is unduly speculative.
Neither reference gives any express indication that bands 30a
and 30b have the elastic length increasing/reducing properties
required by a reasonable interpretation of claims 1, 6 and 15.
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