Ex Parte Guimaraes et al - Page 2


               Appeal Number: 2006-1935                                                                                              
               Application Number: 09/726,953                                                                                        



                                                         BACKGROUND                                                                  
                       The appellants’ invention relates to a system and method for performing an ophthalmic                         
               procedure.  An understanding of the invention can be derived from a reading of exemplary claim                        
               1, which is reproduced below.                                                                                         

                            1. A system used to perform an ophthalmic procedure on a cornea of a                                     
                       patient, comprising:                                                                                          
                            a patient support that can support the patient;                                                          
                            a light source that can direct a light beam onto the cornea of the patient; and,                         
                            an air flow module that can direct a flow of air above the cornea of the                                 
                       patient from one side of the cornea to another side of the cornea, at a distance so                           
                       that the cornea is not dehydrated by the flow of air.                                                         

                                                           PRIOR ART                                                                 
               The prior art references of record relied upon by the examiner in rejecting the appealed claims                       
               are:                                                                                                                  
               Kawesch    6,019,754  February 1, 2000                                                                                
               Glockler    6,251,101  June 26, 2001 (June 26, 1998)                                                                  


                                                          REJECTIONS                                                                 

                    Claims 12 through 14 stand rejected under 35 U.S.C. § 102(e) as anticipated by Kawesch.                          

                    Claims 1 through 11 stand rejected under 35 U.S.C. § 103 as obvious over Kawesch in view                         
               of Glockler.                                                                                                          



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