Ex parte PARK et al. - Page 2




                 Appeal No. 1999-2800                                                                                                                   
                 Application No. 08/761,659                                                                                                             


                 reads:                                                                                                                                 
                          A catheter section comprising:                                                                                                
                          a) a tubular forming member having a first form and a                                                                         
                 second form different from the first form, and                                                                                         
                          b) a heat softenable polymeric covering exterior to said                                                                      
                 tubular forming member, said covering maintaining said tubular                                                                         
                 forming member in said first form until subjected to a heating                                                                         
                 step,                                                                                                                                  
                          wherein upon heating said catheter section, said                                                                              
                 polymeric covering softens and said forming member self-forms                                                                          
                 to said second form and said forming member maintains said                                                                             
                 second form upon cooling.                                                                                                              
                 The reference applied in the final rejection is:                                                                                       
                 Samson                                       5,702,373                                             Dec. 30,                            
                 1997                                                                                                                                   
                                                                       (filed Aug. 31, 1995)                                                            
                          The appealed claims stand finally rejected as follows:1                                                                       
                 (1) Claims 1 to 7, anticipated by Samson, under 35 U.S.C.                                                                              
                 § 102(e);                                                                                                                              
                 (2) Claims 8 to 17, unpatentable over Samson, under 35 U.S.C.                                                                          
                 § 103(a).                                                                                                                              
                          Considering first the rejection of claim 1, Samson                                                                            
                 discloses a catheter having a braid 206 of a superelastic                                                                              

                          1In an Advisory Action dated Feb. 10, 1999, the examiner                                                                      
                 stated that the rejections made in the final rejection under                                                                           
                 35 U.S.C. § 112 had been overcome.                                                                                                     
                                                                           2                                                                            





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