Ex parte KIRKMAN - Page 6




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

          by terminating the distal end of the fibers short of the end                
          of the catheter, that is, inside the catheter.  In the                      
          embodiments of Figures 8-11, the tip of the catheter also is                
          provided with elements that are held within the catheter                    
          during insertion into the vessel, and which are extended                    
          radially outwardly of the catheter when the tip of the                      
          catheter is in the vessel.  In Figure 8 this comprises an                   
          annular sleeve, in Figure 9, a plurality of fingers, in Figure              
          10, a plurality of wire-supported wings, and in Figure 11, a                
          balloon.  These elements also act as an obstruction to blood                
          flow to generate a force on the tip of the catheter in the                  
          direction of flow, thereby “flow directing” the catheter along              
          the path of flow (column 4, lines 1-57).  There is no explicit              
          teaching in Johnson that the radially extending elements touch              
          the wall of the vessel, although it would appear that they do               
          at least at some time during the operation of the catheter.                 
               There are two structural requirements in claim 1 that in               
          our view are not disclosed or taught by Johnson.  The first is              
          that claim 1 recites tip immobilizing means which “maintain                 
          the tip of the catheter in a spaced relationship from a blood               
          vessel wall and prevent the tip of the catheter from                        

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