Ex Parte Gillespie - Page 3




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


               II.   Claims 1-8 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over                                   
               Seder or Freeman in view of Gwon.                                                                                     
                       We reverse both rejections.                                                                                   
                                                           Background                                                                
                       As set forth in the specification, it is well known in the art that tears are                                 
               responsible for lubricating the human eye and guarding it against contaminants.                                       
               Specification, p. 1, para. 2.  The specification discloses (page 1, lines 5-15) that                                  
                       . . . tears are secreted by the lachrymal gland, and the excess fluid is carried                              
                       away by the lachrymal or punctal [sic, punctual] canals into the lachrymal sac,                               
                       and along the nasal duct into the cavity of the nose.                                                         
                               A condition called “dry eye” may occur when inadequate tears are                                      
                       produced.  Generally, this is the result of improper body chemistry, injury, or the                           
                       aging process.  This condition may affect either or both of the eyes and causes                               
                       the eyes to feel scratchy and irritated.  Artificial eye drops may provide temporary                          
                       relief from the problem, but a long term solution is desirable.                                               
                               One long-term solution involves the reversible closing of one of the drain                            
                       ducts of the affect [sic, affected?] eye.  This is done by inserting a plug into one                          
                       of the ducts, or punctual canals.                                                                             
                       As indicated by claims above, the present invention is directed to a punctum plug                             
               which is visible when positioned in a recipient.                                                                      

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