Ex parte LUTHER - Page 9




          Appeal No. 97-0773                                                          
          Application No. 08/101,391                                                  


          not be “limited” by a hub.  As we explained above, we believe one           
          of ordinary skill in the art would have recognized that a hub on            
          the catheter must not be placed so close to the distal end as to            
          inhibit the catheter from being inserted to the length desired.             
          Therefore, this requirement of claim 25 would have been prima               
          facie obvious, and the rejection of this claim is sustained.                
               The decision of the examiner is affirmed.                              


                                      AFFIRMED                                        





          Irwin Charles Cohen             )                                           
               Administrative Patent Judge     )                                      
                    )                                                                 
                                                  )                                   
                                                  )                                   
                         Neal E. Abrams                  ) BOARD OF PATENT            
                         Administrative Patent Judge     )   APPEALS AND              
                                                  )  INTERFERENCES                    
                                                  )                                   
                                                  )                                   
               Lawrence J. Staab                  )                                   
                         Administrative Patent Judge     )                            






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