Ex parte KIRKMAN - Page 5




          Appeal No. 1998-1789                                                        
          Application No. 08/473,129                                                  

          selected location along the length of the vessel, while at the              
          same time not substantially occluding the vessel such that                  
          stenosis or thrombosis can occur.  As manifested in claim 1,                
          the invention comprises a catheter having tip immobilizing                  
          means on its distal end to “prevent the tip of the catheter                 
          from contacting a wall of the blood vessel without                          
          substantially obstructing fluid flow of blood through the                   
          blood vessel, such that catheter failure due to stenosis or                 
          thrombosis at the catheter distal end is reduced.”  Similar                 
          limitations appear in all of the other claims.  The examiner’s              
          position is that the subject matter of all of the others                    
          except claim 26 is anticipated by the catheters shown in                    
          Figures 8-11 of Johnson.                                                    
              Johnson discloses a catheter within which are positioned               
          a plurality of light-conducting fibers.  The stated objective               
          of the Johnson invention is to prevent the tips of the light-               
          conducting fibers from contacting the wall of the vessel in                 
          which they are installed in order to avoid the creation of                  
          artifact by blood flow fluctuations and blood vessel wall                   
          reflectance (column 1, lines 32-59).  In the embodiments shown              
          in Figures 2-7, 10 and 11, Johnson accomplishes this objective              

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