Ex Parte BEALE - Page 11



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

                      27. Appellant’s argument (see below) addressed at least the                            
                following limitations of Appellant’s amended claims 14-16:                                   
                      (1) wherein the holding portions on the implant bodies are                             
                            H-shaped in cross section.                                                       
                      (2) the inserter instrument means includes an elongated portion                        
                            with a notched-end adapted to engage the H-shaped holding                        
                            portion in a releasable friction fit, the elongated portion                      
                            including a telescoping movable rod for disengaging the                          
                            implant body.                                                                    
                      (3) wherein the series of engaging means includes a series of shims                    
                            with openings therein for engaging the holding portions of the                   
                            implant bodies, the shims having openings in different locations                 
                            for holding the implant bodies in different positions in the                     
                            thyroid cartilage.                                                               
                      Limitation (1) is the “specific holding portion” referred to by the                    
                            Examiner and Appellant, and was found in amended claims 14                       
                            and 15.                                                                          
                      Limitation (2) is the “specific inserting instrument” referred to by the               
                            Examiner and Appellant, and was found in amended claim 15.                       
                      Limitation (3) is the “specific engaging means” referred to by the                     
                            Examiner and Appellant, and was found in amended claim 16.                       










                                                   - 11 -                                                    

Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next

Last modified: September 9, 2013