Appeal No. 2001-2073
Application No. 09/098,799
Claims 1, 3 and 6 read as follows:
1. A surgical tool for injecting a fluid into a patient, the
surgical tool comprising:
(a) a housing having a distal end and a sidewall defining a
longitudinal bore having a central axis, said sidewall being
provided with an aperture substantially at said distal end of
said housing:
(b) means coupled to said housing for forcing the fluid through
said central axis of said housing and out of said aperture; and
(c) a flow diffuser coupled to said housing and positioned over
said aperture.
3. The surgical tool of Claim 1, wherein said flow diffuser is
a permeable cap.
6. The surgical tool of Claim 3, wherein said permeable cap is
provided with a plurality of holes.
The examiner has urged (answer, page 5) that it is unclear
how the aperture can be on the sidewall and have a plurality of
holes on the cap, and that it is further unclear whether this is
only directed to Figures 8-10 since there is no support for a
sidewall having an aperture and having a cap with a plurality of
holes. On pages 8-11 of the brief appellant responds that the
aperture defined in the above enumerated claims is not "in" or
"on" the sidewall of the tool housing, but rather the sidewall of
the tubular housing defines an aperture at its distal end through
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