Ex Parte BRADY et al - Page 2




                Appeal No. 2003-0260                                                                           Page 2                   
                Application No. 09/507,601                                                                                              


                                                          BACKGROUND                                                                    
                       The appellants' invention relates to an intraocular lens (IOL) with a deformable                                 
                optic which enables the IOL to be passed through an incision into the eye (specification,                               
                p. 1).  A copy of the dependent claims under appeal is set forth in the appendix to the                                 
                appellants' brief.  Claims 21 and 34, the independent claims under appeal, read as                                      
                follows:                                                                                                                
                       21.     An intraocular lens for implantation in an eye comprising:                                               
                               a resilient, deformable silicone based optic having at least about 20                                    
                       diopter power, said optic having a periphery and being configured so that the                                    
                       optic can be resiliently deformed from a normal optical condition into a deformed                                
                       insertion condition to permit the intraocular lens to be passed through a scleral                                
                       tunnel incision of no longer than about 3.2 millimeters into the eye;                                            
                               fixation means coupled to the optic for retaining the optic in the eye, the                              
                       fixation means including first and second generally C-shaped resilient fixation                                  
                       members coupled to the optic at generally diametrically opposed locations; and                                   
                               said optic when implanted in the eye being in a normal optical condition                                 
                       and having sufficient rigidity to be substantially free of optical distortion resulting                          
                       from force from the eye acting on the intraocular lens and said optic when                                       
                       implanted in the eye being of sufficient size to substantially prevent glare                                     
                       resulting from interaction of light and the periphery of the optic.                                              
                       34.     An intraocular lens for implantation in an eye comprising:                                               
                               a resilient, deformable silicone based optic having at least about 20                                    
                       diopter power, said optic having a periphery and being configured so that the                                    
                       optic can be resiliently deformed from a normal optical condition into a deformed                                
                       insertion condition to permit the intraocular lens to be passed through an incision                              
                       of no longer than about 3.2 millimeters into the eye;                                                            
                               fixation means coupled to the optic for retaining the optic in the eye, the                              
                       fixation means including elongated, resilient fixation members extending curvedly                                
                       radially from the optic; and                                                                                     
                               said optic when implanted in the eye being in a normal optical condition                                 
                       and having sufficient rigidity to be substantially free of optical distortion resulting                          
                       from force from the eye acting on the intraocular lens and said optic when                                       








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