Ex Parte Bogaert et al - Page 2




             Appeal No. 2005-1945                                                          Page 2              
             Application No. 09/777,510                                                                        



                                               BACKGROUND                                                      
                   The appellants' invention relates to implantable phakic intraocular lenses (IOLs)           
             suitable as correction lenses together with the intact natural crystalline lens. The              
             appellants' lenses are provided with a posterior surface, which admits a more                     
             anatomical fit in the posterior chamber of the eye, thereby minimizing the risks of               
             disturbing the natural lens (specification, p. 1).  A copy of claims 2 to 19, 25 to 34 and        
             48 to 50 is set forth in the appendix to the appellants' brief.  Claim 1 reads as follows:        
                          An intraocular correction lens adapted for implantation in the posterior             
                   chamber of an eye between the iris and the intact natural lens, comprising                  
                          a centrally located optical part capable of providing an optical correction          
                   and                                                                                         
                          a peripherally located supporting element capable of maintaining said                
                   optical part in said central location,                                                      
                          wherein said optical part and said support element together have a                   
                   concave posterior surface which is part of a non-spherical surface that is rotation         
                   symmetric around the optical axis of said optical part, wherein the intersection            
                   between said non-spherical surface and any plane containing the optical axis                
                   represents a flawless curve free from discontinuities and points of inflection.             


                   The prior art references of record relied upon by the examiner in rejecting the             
             appealed claims are:                                                                              
             Choyce                          4,414,694                        Nov. 15, 1983                    
             Wanders                         6,092,899                        July 25, 2000                    
             Feingold                        6,106,553                        Aug. 22, 2000                    










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