Appeal No. 2003-1568 Page 7
Application No. 09/516,603
endoscopic portion is intended to be inserted into the body through a narrow diameter
opening or tube, on the order of about 10 millimeters, with control of the stapling
operation exercised by handle portion 514. Lower jaw 516 is fixed relative to
endoscopic portion 512 and carries a cartridge 518 containing staples and staple drive
members in accordance with Green's invention (shown in Figures 1-6). Upper jaw
portion 520 is movably mounted, as by a hinge, relative to endoscopic portion 512 so as
to be closable in the direction of arrow 522 toward lower jaw 516. In operation, lever
handle 524 is closed in the direction of arrow 526 to advance collar 528 by appropriate
mechanical advantage in the longitudinal direction of arrow 530 in order to close jaws
516, 520, clamping body tissue therebetween. Thereafter, handle 532 is longitudinally
advanced in the direction of arrow 534 in order to advance drive bar 536 longitudinally
through endoscopic portion 512. One or more pusher cams are connected to drive bar
536 and advance simultaneously therewith in the longitudinal direction relative to
cartridge 518 in order to drive a plurality of three staple drive members constructed in
accordance with Green's invention, thereby ejecting staples from the cartridge. The
ejected staples penetrate through the body tissue and are formed closed against the
anvil of upper jaw 520.
In the anticipation rejection before us in this appeal (answer, pp. 3-5), the
examiner has read the claimed frame (claims 1 and 25) and the claimed handle portion
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