Appeal No. 1998-2637 Page 11
Application No. 08/470,142
Independent claim 81 and dependent claims 83-85 stand rejected as being
unpatentable over Horzewski.
Claim 81 recites the steps of inserting a tubular sheath having a leading end portion
with a continuous outer side surface into a blood vessel while the leading end portion has a
first cross sectional size, increasing the cross sectional size by stretching the sheath with a
tubular portion while the leading edge portion is in the blood vessel, increasing the cross
sectional size of the blood vessel by pressing the continuous outer side surface of the
leading end portion of the sheath against an inner side surface of the blood vessel, and
then conducting a flow of fluid through the tubular member from a location outside of the
body while the continuous outer side surface of the leading end portion of the sheath is
pressing against the inner side surface of the blood vessel.
Horzewski discloses a cannula having a radially expandable outer sheath, the
purpose of which is to allow the cannula to have a smaller cross section during insertion to
the point of use than the cross section of the diagnostic device that will be introduced
therethrough. Even if one were to assume, arguendo, that the Horzewski device is
capable of performing the steps recited in claim 81, there is nothing in the disclosure that
suggests, explicitly or implicitly, that the outer surface of the cannula be placed into contact
with the inner surface of the blood vessel and then expanded to cause the cross section of
the blood vessel also to be expanded. To the extent that the examiner’s position is that
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