Ex parte BONUTTI et al. - Page 13




                  Appeal No. 1998-2637                                                                                      Page 13                       
                  Application No. 08/470,142                                                                                                              


                                                                           (6)                                                                            
                           Claim 82 has been rejected on the basis of Horzewski and Grayzel.  It adds to the                                              
                  method of claim 81 the step of piercing the blood vessel with the leading end portion of the                                            
                  sheath.  Horzewski and Grayzel have been explained above with regard to other rejections.                                               
                  It is our view that the shortcomings of Horzewski with regard to the method set forth in                                                
                  independent claim 81, from which claim 82 depends, are not alleviated by consideration of                                               
                  Grayzel.                                                                                                                                
                           The rejection of claim 82 is not sustained.                                                                                    
                                                                           (7)                                                                            
                           The examiner has rejected independent claim 127 and dependent claim 128 as                                                     
                  being unpatentable over Everett.  Claim 127 recites a method of establishing                                                            

                  communication with the interior of a vessel with a cannula having an oval cross sectional                                               
                  configuration in a plane extending perpendicular to the longitudinal axis of the cannula,                                               
                  which comprises the steps of aligning the cannula with the blood vessel with the major axis                                             
                  of the oval cross section extending along a longitudinal axis of the vessel, piercing a side                                            
                  wall of the vessel with a leading end of the cannula while in said alignment to form an                                                 
                  elongated opening in the side wall of the vessel, and moving the cannula through the                                                    
                  elongated opening with the major axis of the oval cross section of the cannula aligned with                                             
                  a longitudinal axis of the opening in the side wall of the vessel.                                                                      









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