Ex Parte Lindsey et al - Page 2

                 Appeal 2007-1199                                                                                                       
                 Application 10/124,648                                                                                                 
                                            The Rejections on Appeal                                                                    
                        The Examiner rejected claims 1-15 under 35 U.S.C. § 102 as                                                      
                 anticipated by Nigam.2                                                                                                 
                 B. Issues                                                                                                              
                        Have the Applicants shown error in the rejection of claims 1-15 as                                              
                 anticipated by Nigam?                                                                                                  
                 C. Summary of the Decision                                                                                             
                        The Applicants have not shown error in the rejection of claims 1-15 as                                          
                 anticipated by Nigam.                                                                                                  
                 D. Findings of Fact (Referenced as FF. ¶ No.)                                                                          
                        1. The invention is directed to an anterior chamber phakic lens                                                 
                 made from a foldable, highly biocompatible material that has a very low                                                
                 haptic compression force and low axial displacement, and which is still                                                
                 stable in the anterior chamber.  (Specification 4: 2-4).                                                               
                        2. According to the Applicants, they have discovered that the                                                   
                 compressive forces of prior art polymethyl methacrylate anterior chamber                                               
                 lenses are far in excess of what is required for stability.  (Specification 4: 26-                                     
                 27 and 5: 1).                                                                                                          
                        3. Also according to the Applicants, they have discovered that                                                  
                 lenses made from soft material are stable when certain compressive forces                                              
                 and contact areas are used.  (Specification 5: 4-6).                                                                   
                        4. Further according to the Applicants, they have discovered that                                               
                 an intraocular lens having haptics that contact the anterior chamber angle at                                          
                                                                                                                                       
                        2 A previous rejection of claims 7-15 under 35 U.S.C. § 103 as                                                  
                 unpatentable over Nigam and U.S. Patent 5,861,031 has been withdrawn by                                                
                 the Examiner.                                                                                                          


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