Ex Parte Gillespie - Page 2




               Appeal No. 2005-0929                                                                                                  
               Application No. 09/852,519                                                                                            


                       Claims 1, 5 and 8 are representative of the subject matter on appeal and read as                              
               follows:                                                                                                              
                       1.   A punctum plug which is more easily visualized when positioned within a                                  
                       punctual canal, the plug comprising:                                                                          
                               a body having an outwardly exposed surface when so positioned; and                                    
                               a substance causing at least the outwardly exposed surface to contrast                                
                               with surrounding tissue, such that the use of the substance causes the                                
                               plug to be more easily visualized than if the substance were not present.                             
                       5.   The punctum plug of claim 1, wherein the plug is illuminated with light at an                            
                       illumination wavelength, and wherein the substance generates radiated light at a                              
                       wavelength other than the illumination wavelength.                                                            
                       8.   The punctum plug of claim 5, wherein the radiated light is outside the visible                           
                       spectrum and further including a detector for detecting the radiated light.                                   

                       The examiner relies on the following references:                                                              
                       L’Esperance, Jr.                       5,300,020               Apr. 4, 1994                                   
                               (L’Esperance)                                                                                         
                       Sedar et al.                           4,959,048               Sep. 25, 1990                                  
                               (Sedar)                                                                                               
                       Freeman                                3,949,750               Apr. 13, 1976                                  
                       Gwon et al                             5,178,635               Jan. 12, 1993                                  
                               (Gown)                                                                                                
                       The claims stand rejected as follows:                                                                         
               I.   Claims 1-4 and 6 stand rejected under 35 U.S.C. § 102(b) as being anticipated by                                 
               L’Esperance.                                                                                                          

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