Ex Parte Vidal et al - Page 4




              Appeal No. 2003-1568                                                                 Page 4                
              Application No. 09/516,603                                                                                 


                     The independent claims on appeal (i.e., claims 1, 25, 26, 27, 31 and 34) read as                    
              follows:                                                                                                   
                     1.     A surgical instrument with articulated jaw structure for capturing tissue of a               
                     body, the surgical instrument comprising:                                                           
                            a frame having a proximal end and a distal end, said frame defining an                       
                     axial direction;                                                                                    
                            a first jaw having a proximal portion and a distal portion, the distal portion               
                     of the first jaw extending from the distal end of the frame;                                        
                            a second jaw having a proximal portion and a distal portion, the distal                      
                     portion of the second jaw extending from the distal end of the frame;                               
                            one of said first and second jaws having a staple cartridge for holding a                    
                     plurality of staples adapted to be inserted in the tissue;                                          
                            the proximal portions of the first and second jaws mounted to each other                     
                     for movement in substantially parallel relation at least partially during movement                  
                     between a fully open position wherein the distal portions of the jaws are                           
                     separated for receiving tissue therebetween and an approximated position                            
                     wherein the distal portions of the jaws are closer together for capturing said                      
                     tissue, the jaws being in the fully open position when at least one of the jaws is                  
                     moved distally with respect to the frame and being in the approximated position                     
                     when at least one of the jaws is moved proximally with respect to the frame; and                    
                     an actuating mechanism including an actuating rod positioned within the frame,                      
                     the actuating rod being connected to at least one of the jaws and being movable                     
                     to move the jaws between the open and approximated positions.                                       
                     25.    A surgical instrument with articulated jaw structure for capturing tissue of a               
                     body, the surgical instrument comprising:                                                           
                            a frame having an outer end;                                                                 
                            a first jaw having a proximal portion and a distal portion, the distal portion               
                     of the first jaw extending from the outer end of the frame;                                         
                            a second jaw having a proximal portion and a distal portion, the distal                      
                     portion of the second jaw extending from the outer end of the frame;                                
                            one of said first and second jaws adapted to receive a staple cartridge for                  
                     holding a plurality of staples adapted to be inserted in the tissue;                                
                            the proximal portions of the first and second jaws mounted to each other                     
                     for movement in a substantially parallel relation at least partially during                         
                     movement between a fully open position wherein the distal portions of the jaws                      
                     are separated for receiving tissue therebetween and an approximated position                        








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