Appeal No. 1998-1789
Application No. 08/473,129
distance from the blood vessel wall to prevent the catheter
tip from contacting the wall, which also is lacking in
Johnson. In view of these shortcomings, Johnson does not
anticipate the method recited in the appellant’s claim 20.
Nor, it follows, is the reference anticipatory of the subject
matter added by dependent claim 21. The rejection of these
two claims is not sustained.
Claim 22 is directed to an assembly adapted for insertion
into a blood vessel. The assembly comprises a catheter means,
an “introducer assembly means for aid in inserting the said
catheter means,” and a tip retainer assembly means located at
the distal end of the catheter for retaining the tip portion
“in a relatively fixed position within a blood vessel . . . in
a spaced position from the blood vessel wall and preventing
repeated contact of the tip portion of the catheter means with
the blood vessel wall.” While the sheath or needle disclosed
by Johnson (column 4, line 33) can be considered to be
introducer assemblies, for they aid in inserting the catheter
into the blood vessel, for the reasons set forth above the
Johnson fingers and wings do not meet the structural
requirements of the tip retainer assembly as spelled out in
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