Ex Parte BEALE - Page 2



                Appeal 2007-1432                                                                             
                Application 09/141,186                                                                       
                Patent 5,549,673                                                                             

                                        I.  STATEMENT OF CASE                                                
                      1. Appellant appeals under 35 U.S.C. § 134 from a Final Rejection                      
                of reissue claims 1-3 and 16-26 entered January 4, 2001.  We have                            
                jurisdiction under 35 U.S.C. § 6(b).                                                         
                      2. A copy of Appellant’s reissue claims 1-3 and 16-26 is set forth                     
                in the Claim Appendix of Appellant’s Brief.                                                  
                      3. Independent claims 1, 16, 17, and 18 under appeal read as                           
                follows:                                                                                     
                            1. (Patent claim) A system of phonosurgery implantation for                      
                      insertion by a surgeon through an opening formed in a patient's                        
                      thyroid cartilage to stabilize a vocal cord therein, the system                        
                      comprising:                                                                            
                            (a) a series of implant bodies of different sizes, the implant                   
                      bodies each having a holding portion and a series of engaging means                    
                      for holding the implant bodies relative to the vocal cord by engaging                  
                      the holding portion of the bodies in different positions in the opening                
                      formed in the thyroid cartilage;                                                       
                            (b) a series of sizing instruments, each having a sizing portion                 
                      corresponding respectively in size and shape to one of the implant                     
                      bodies for enabling a surgeon to determine the implant body to use;                    
                            (c) inserter instrument means for engaging the selected implant                  
                      body so that the surgeon can insert and move the selected implant                      
                      body in the opening in the thyroid cartilage;                                          
                            (d) wherein the holding portions on the implant bodies are                       
                      H-shaped in cross section and substantially the same size and shape.                   




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