Ex parte MICHAEL D. BARBERE - Page 5




          Appeal No. 97-0684                                                          
          Application 08/171,343                                                      


          coaxial with the inner tube and defining an annular lumen 44                
          therebetween.  The outer tube includes an integrally formed,                
          thinned-walled, distensible balloon-like portion 43 intermediate            
          its ends.  The distal end of the outer tube is heat shrunk onto             
          the distal end of the inner tube to provide a fluid tight seal              
          between the inner and outer tubes.  In Figure 12, Simpson                   
          discloses a catheter embodiment that includes a flush tube in the           
          form of a thin flexible tubular wire 156, the purpose of which is           
          to facilitate rapid filling of the balloon portion with a                   
          radiographic liquid and ensure that all air within the balloon              
          portion can escape and be vented prior to introduction of the               
          catheter into the patient (column 12, lines 29-54).  When all air           
          has been flushed from the catheter, the flush wire is removed               
          (column 12, lines 60-61).  Simpson does not disclose an outer               
          tube terminating proximally of the distal end of the catheter and           
          being attached to an inner tube at a location between the                   
          proximal and distal ends of the catheter to resist axial                    
          telescoping of the inner tube with respect to the outer tube, as            
          required by independent claim 1.                                            
               Sugiyama pertains to a three tube, three lumen coaxial                 
          balloon dilation catheter comprising an inner tube 1 defining a             
          guidewire lumen A therethrough, a surrounding intermediate tube 2           

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