Ex Parte Vidal et al - Page 6




              Appeal No. 2003-1568                                                                 Page 6                
              Application No. 09/516,603                                                                                 


                     of said jaw members being adapted to receive a staple cartridge for supporting a                    
                     plurality of staples.                                                                               
                     31.    A surgical instrument comprising:                                                            
                            a handle portion;                                                                            
                            a body portion fixed to the handle portion and defining a longitudinal axis;                 
                     a tool portion remotely actuable from the handle portion, the tool portion having                   
                     an anvil jaw and a cartridge jaw containing a cartridge with staples, the cartridge                 
                     jaw being mounted for reciprocal longitudinal movement relative to the body                         
                     portion and handle portion between a first position wherein the jaws are in a                       
                     closed position and a second position wherein the jaw members are in an open                        
                     position;                                                                                           
                            an actuating mechanism connected to the cartridge jaw, the actuating                         
                     mechanism being movable to move the jaws between the open and the closed                            
                     positions; and                                                                                      
                            a firing mechanism actuable from the handle portion to fire the staples                      
                     from the cartridge jaw when the jaws are in the closed position.                                    
                     34.    In a surgical instrument configured for capturing tissue, the surgical                       
                     instrument including an elongated body portion extending distally from a handle                     
                     portion and a distal tool portion supported by the elongated body portion and                       
                     having a staple supply, the improvement comprising the distal tool portion having                   
                     first and second jaw members extending from a distal end of the elongated body                      
                     portion, one of the jaw members being adaptable to receive a staple cartridge,                      
                     and an actuating portion connected to at least one of the jaw members and                           
                     being longitudinally movable to cause longitudinal movement of the at least one                     
                     jaw member with respect to the elongated body portion, wherein the jaw                              
                     members open and close in response to the longitudinal movement.                                    


                     Green's invention relates to surgical stapling apparatus, and more specifically to                  
              a drive member within a surgical stapler for driving a surgical staple into body tissue.                   
              Figure 7 is a perspective cut-away view of a surgical stapling apparatus including the                     
              staple drive member of Green's invention.  Figure 7 shows a surgical stapling apparatus                    
              510 which includes an endoscopic portion 512 and a handle portion 514.  The                                







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