Ex Parte Vidal et al - Page 5




              Appeal No. 2003-1568                                                                 Page 5                
              Application No. 09/516,603                                                                                 


                     wherein the distal portions of the jaws are closer together for capturing said                      
                     tissue;                                                                                             
                            at least one of said jaws being further moveable between an extended                         
                     position when the at least one of said jaws is moved distally with respect to the                   
                     frame and the jaws are in one of the fully open and approximated positions, and                     
                     a retracted position when at least one of said jaws is moved proximally with                        
                     respect to the frame and the jaws are in the other of the fully open and                            
                     approximated positions; and                                                                         
                            an actuating mechanism connected to the at least one of said jaws, the                       
                     actuating mechanism and the at least one of said jaws being axially movable to                      
                     move the jaws between the open and approximated positions.                                          
                     26.    A endoscopic surgical instrument with articulated jaw structure, the                         
                     surgical instrument comprising:                                                                     
                            a handle portion;                                                                            
                            an elongated endoscopic body portion extending distally from the handle                      
                     portion and defining a longitudinal axis, the body portion being axially fixed with                 
                     respect to the handle portion;                                                                      
                            first and second jaw members connected to each other for movement                            
                     between open and closed positions, and extending from a distal end of the                           
                     elongated body portion, the first jaw member having a staple cartridge;                             
                            an actuating member connected to one of the first and second jaw                             
                     members, the actuating member being movable to move at least one of the first                       
                     and second jaw members axially to move the jaw members between the open                             
                     and closed positions; and                                                                           
                            wherein the jaw members are in the open position when the at least one                       
                     of the jaw members and the actuating member are moved distally with respect to                      
                     the elongated body portion and the jaw members are in the closed position when                      
                     at least one of the jaw members and the actuating member are moved proximally                       
                     with respect to the elongated body portion.                                                         
                     27. An endoscopic surgical instrument comprising:                                                   
                            a handle portion;                                                                            
                            an endoscopic body portion fixed relative to the handle portion and                          
                     defining a longitudinal axis; and                                                                   
                            a pair of juxtaposed jaw members remotely actuable from the handle                           
                     portion and mounted for reciprocal longitudinal movement relative to the body                       
                     portion and the handle portion between a first position wherein the jaws are in                     
                     spaced relation and a second position wherein the jaws are in close relation, one                   








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