Ex Parte BEALE - Page 15



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

                      to the combined subject matter of claims 13 and 18.  Amended claim                     
                      14 became patent claim 1.                                                              
                            (B) Appellant amended dependent claim 15 (depending from                         
                      dependent claim 14) into independent form by adding the claim 14                       
                      requirement of “wherein the holding portions on the implant bodies                     
                      are H-shaped in cross section” and the claim 15 requirement of “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 telescopingly               
                      movable rod for disengaging the implant body” to the combined                          
                      subject matter of claims 13 and 18.  Amended claim 15 became patent                    
                      claim 2.                                                                               
                            (C) Appellant amended dependent claim 16 into independent                        
                      form by adding the claim 16 requirement of “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 opening in the thyroid cartilage” to the                    
                      combined subject matter of claims 13 and 18.  Amended claim 16                         
                      became patent claim 3.                                                                 






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