Ex parte BERRY - Page 6




          Appeal No. 1999-2674                                                       
          Application No. 08/192,979                                                 


          such as saffire which has a high thermal conductivity.                     
          However, as appropriately acknowledged by the examiner                     
          (answer, page 3), the Sand reference as whole is clearly                   
          deficient in a number of ways relative to the method now                   
          claimed.                                                                   

               To overcome the recognized deficiencies, the examiner                 
          relies upon the respective teachings of L’Esperance, Neefe,                
          and Baron.                                                                 





          Individually, the teachings of these documents do have some                
          relevance to aspects of the claimed method.                                

               L’Esperance (column 2, lines 14 through 24) addresses an              
          ablative decomposition apparatus for fixing the position of an             
          eye with respect to a scanning laser to effect a desired depth             
          of ablation as a sculpturing step to arrive at a desired                   
          ultimate surface change in the cornea.  As seen in Fig. 2 of               
          L’Esperance, an eye-retaining fixture is disclosed having a                
          hollow annulus and a wall 23 of air-permeable material                     
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