The opinion in support of the decision being entered
today was not written for publication in a law journal
and is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
Ex parte ANTHONY M. LOOPER and DAVID Q. FENG
Appeal No. 2005-0916
Application No. 09/785,374
ON BRIEF
Before KIMLIN, WALTZ and TIMM, Administrative Patent Judges.
KIMLIN, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal from the final rejection of claims 1, 3-13
and 15-21. Claims 22-24, 26-31, 33-37, 39-43 and 45-89 have been
withdrawn from consideration. Claim 1 is illustrative:
1. A surgical device comprising:
a tissue engaging means and a handle assembly;
an actuating means connecting the handle assembly and the
tissue engaging means for actuating the tissue engaging means;
a shaft member comprising a first tube made of a malleable
material and having a proximal end, a distal end and a
longitudinal axis, the proximal end of the first tube adapted to
-1-
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