Ex Parte DUBRUL - Page 2


         Appeal No. 2003-1513                                                       
         Application No. 09/326,412                                                 

              The subject matter on appeal relates to a tissue expander.2           
         According to the appellant (specification, page 2, lines 19-22),           
         “[t]he improvement comprises configuring the injection site of             
         the tissue expander so that it has a magnetically locatable                
         component in it so that it is detectable from outside of the               
         patient’s body.”  Further details of this appealed subject                 
         matter are recited in representative claims 19 and 22 reproduced           
         below:                                                                     
                   19.  A tissue expander of the type which is                      
              implantable beneath the skin of a patient comprising:                 
                   an expandable envelope having an anterior portion                
              and a posterior portion and defining an inflatable                    
              interior therebetween;                                                
                   said anterior portion being unreinforced;                        
                   a magnetically locatable percutaneous filling                    
              mechanism mounted to the anterior portion;                            
                   preventing means, along the posterior portion,                   
              for preventing the expandable envelope from folding                   
              over on itself during placement or implantation of the                
              tissue expander into a patient; and                                   
                   said preventing means being substantially                        
              coextensive with said posterior portion.                              
                   22.  The tissue expander according to claim 19                   
              wherein said preventing means comprises a posterior                   
              portion which is thicker than the anterior portion.                   

                                                                                   
         (1997).  (Supplemental appeal brief filed Nov. 18, 2002, paper             
         28, p. 1.)                                                                 
              2  The specification explains that “[t]issue expanders are a          
         common tool used by general, plastic and reconstructive                    
         surgeons” and that “[t]hey allow the surgeon to create                     
         additional tissue for reconstructive or cosmetic surgery...”               
         (Specification, p. 2, ll. 25-27.)                                          


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