Ex Parte GOLDSTEIN et al - Page 2




             Appeal No. 2001-0547                                                               Page 2                
             Application No. 08/689,400                                                                               


                                                  BACKGROUND                                                          
                    The appellants’ invention relates to a device for infusing fluid into the uterine                 
             cavity.  An understanding of the invention can be derived from a reading of exemplary                    
             claim 1, which appears in the appendix to the Brief.                                                     
                    The prior art references of record relied upon by the examiner in rejecting the                   
             appealed claims are:                                                                                     
             Meador                             4,071,027                          Jan. 31, 1978                      
             Harris                             4,430,076                          Feb.   7, 1984                     
             Weber                              5,147,315                          Sep. 15, 1992                      
             Swor                               5,364,375                          Nov. 15, 1994                      
             Nicholas                           5,431,662                          Jul.   11, 1995                    
                    The examiner has set forth the following rejections:                                              
             (1) Claims 1-6, 8-12 and 17 under 35 U.S.C. § 112, first paragraph, as containing                        
             subject matter which was not described in the specification in such a way as to                          
             enable one of ordinary skill in the art to which it pertains, or with which it is most                   
             nearly connected, to make and/or use the invention.                                                      
             (2) Claims 18, 19, 22, 23 and 26 under 35 U.S.C. § 102(b) as being anticipated by                        
             Nicholas.                                                                                                
             (3) Claims 1, 5, 6 and 8-11 under 35 U.S.C. § 103(a) on the basis of Nicholas in view of                 
             Meador.                                                                                                  
             (4) Claims 1, 2 and 4 under 35 U.S.C. § 103(a) on the basis of Swor in view of Meador.                   
             (5) Claim 3 under 35 U.S.C. § 103(a) on the basis of Swor in view of Meador.                             
             (6) Claim 20 under 35 U.S.C. § 103(a) on the basis of Nicholas.                                          
             (7) Claim 21 under 35 U.S.C. § 103(a) on the basis of Nicholas in view of Swor.                          
             (8) Claim 24 under 35 U.S.C. § 103(a) on the basis of Nicholas in view of Weber.                         







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