Ex parte KIRKMAN - Page 11




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

          the claim.  The claim language thus cannot be read on the                   
          Johnson catheters and the claim is not anticipated thereby.                 
          The rejection of independent claim 22 and dependent claims 23-              
          25 and 27-29 is not sustained.                                              
               With regard to these dependent claims, we further note                 
          that Johnson fails to teach the sheath removal means recited                
          in claim 25 or the spring structure of claims 27-29.                        
               The method recited in claim 32 requires the insertion in a             
          vessel of a catheter having tip retainer assembly at its distal             
          end and a control assembly at its proximal end outside of the               
          vessel, and manipulating the control assembly to deploy tip                 
          retainer assembly into abutting contact with the vessel wall                
          with  sufficient  force  to  maintain  the  tip  anchored  at a             
          preselected location and spaced from the vessel wall to prevent             
          the catheter tip from repeatedly contacting the wall.  The                  
          latter feature is not taught by Johnson, as we have explained               
          above.  The former one also is not taught by Johnson, in that               
          the radially extending elements of Johnson are for the purpose              
          of facilitating movement of the catheter through the vessel,                
          rather than anchoring it at a selected position.  The rejection             
          of this claim is not sustained.                                             

                                          11                                          





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next 

Last modified: November 3, 2007