Appeal 2007-1432
Application 09/141,186
Patent 5,549,673
23. The First and Second Amendments amended independent
claims 18 and 19, and amended dependent claims 14-16 into independent
form.
24. Amended claim 18 and claim 13 are reproduced below:
18. 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.
13. The system of claim 18, wherein the holding portions on
the implant bodies are substantially the same in size and shape.
25. After entry of the First and Second Amendments, the
application claims were elected Group III claims 13-16 and 18-19 (and
non-elected Groups I, II, and IV claims 1-4, 6-11, 17, and 20-28).
26. In both the First and Second Amendment, Appellant presented
an argument with respect to the patentability of amended claims 14-16.
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