Ex parte YOSHIE et al. - Page 7




          Appeal No. 2001-0267                                                        
          Application No. 08/980,352                                                  


          (Fig. 8) having a removable staple cartridge and a sensing                  
          means for automatically sensing physical properties of the                  
          tissue on which a procedure is being conducted and/or certain               
          parameters of an endoscopic surgical instrument (column 1,                  
          lines 15 through 19).  As further explained by the patentee                 
          (column 6, lines 46 through 53; column 7, lines 33 through 36;              
          and column 8, lines 39 through 42), if desired, the presence                
          of a cartridge and the presence of staples in that cartridge                
          may also be sensed (Figs 14 and 19).                                        


               Like the examiner, we conclude that the combined                       
          teachings of the applied referenced would have suggested the                
          addition of sensors in the hand operated tool of Rider to gain              
          the advantage of informing a user thereof of the presence of a              
          clip carrier strip and/or clips, following the explicit                     
          teaching of Hooven.                                                         


               However, the above modification would not yield the now                
          claimed invention.  As claimed, a control means performs a                  
          detecting step in which a slider performs an operation of                   
          feeding a belt of plate-shaped clips a predetermined number of              
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