Appeal No. 1999-2789
Application No. 08/805,633
Appellants' invention relates to a method for permanently
closing a septal defect in a body, such as in the human heart.
Independent claim 140 is representative of the subject matter
on appeal and a copy of that claim, as reproduced from the
Appendix to appellants' brief, is appended to this decision.
The sole prior art reference of record relied upon by the
examiner is:
Kamiya et al. (Kamiya) 5,192,301 Mar. 9,
1993
Claims 94, 95, 104 and 140 stand rejected under 35 U.S.C.
§ 102(b) as being anticipated by Kamiya.
1(...continued)
by their current numbers. In addition, we note that
notwithstanding the examiner’s apparent verification of the
continuing data information on the face of the file, it does
not appear that this application is a division of S.N.
08/323,824, filed 10/17/94 as the filewrapper currently shows.
It would seem that the correct information is that the present
application is a division of
S.N. 08/383,824, filed 02/06/95. This issue should likewise
be addressed by the examiner and appellants during any further
prosecution.
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