Ex parte VODA - Page 4




          Appeal No. 1998-2830                                                        
          Application No. 08/558,006                                                  


          coronary artery.”  Contrary to the view of the examiner, it is              
          our opinion that this recitation constitutes functional                     
          limitations upon the claimed structure that cannot be ignored               
          as being directed to intended use.                                          
               EPO ‘366 discloses a catheter formed into “the                         
          conventional J-shape” (column 3, line 52).  Insofar as the                  
          coronary arteries are concerned, the disclosed shape would                  
          appear to limit the use of this catheter to removable lodging               
          in the left coronary artery only, and we find no explanation                
          in the disclosure that would indicate otherwise.  This being                
          the case, the reference does not anticipate the structure                   
          recited in claim 11, which requires that the catheter be                    
          capable of lodging in the ostium of the right coronary artery               
          while impinging against the opposite wall of the aorta.                     
               The rejection therefore cannot be sustained.                           


                               REMAND TO THE EXAMINER                                 
               Beginning on page 5 of the specification, the appellant                
          discusses the “Arani-type Double Loop” guide catheter, which                
          is shown in the drawings in Figures 2A, 2B and 2C.  As is                   
          evident from Figure 2B, the Arani catheter is adapted to                    
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