Ex parte GOLDENBERG - Page 12




          Appeal No. 96-2043                                                          
          Application 07/990,514                                                      


          Fritch, 972 F.2d 1260, 1266, 23 USPQ2d 1780, 1784 (Fed. Cir.                
          1992).  Accordingly, we will not sustain the rejection of                   
          claim 1 under 35 U.S.C. § 103 as being unpatentable over                    
          Hussein in view of L'Esperance, Guerder, Davies and Seppala.                
               Claims 3 through 7 are dependent on claim 1 and,                       
          therefore, contain all of the limitations of claim 1.                       
          Accordingly, the examiner’s respective rejections of claims 3               
          through 7 under 35 U.S.C. § 103 will not be sustained.                      
          b. Claims 2, 8 and 9                                                        
               Independent claim 8 contains all of the limitations of                 
          claim 1 previously discussed and, in addition, further defines              
          the                                                                         




          plurality of fiber-optic waveguides as being disposed around                
          the guidewire lumen in the elongated catheter.  Further, each               
          waveguide is recited as having a glass material cladding                    
          surrounding the core and a diameter no greater than 200                     
          microns.                                                                    
          In the rejection of claim 8, the examiner applies Hussein,                  
          L'Esperance, Guerder, Davies and Seppala, as in the rejection               
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