Ex parte BURMEISTER et al. - Page 6




          Appeal No. 1999-1959                                       Page 6           
          Application No. 08/881,586                                                  


          be easily confirmed” (page 3).  This language suggests that                 
          the plastic layer 4 is provided with radiopaque material over               
          its entire length.  However, we also observe that Miyano                    
          stresses that the significance of the radiopaque material is                
          that the position of the front portion of the guide wire can                
          easily be confirmed.                                                        
               Miyano evidences that a radiopaque member at the distal                
          end of a core of a guide wire and the incorporation of                      
          radiopaque                                                                  


          material in the plastic layer covering the core were                        
          recognized in the art at the time of the present invention as               
          interchangeable alternatives for permitting the confirmation                
          of the position of the front portion of the guide wire using                
          X-ray techniques, the same objective taught by De Toledo.                   
          Thus, from our perspective, the incorporation of radiopaque                 
          material in the sleeve 32 of De Toledo would have been obvious              
          to one skilled in the art as an alternate equivalent to the                 
          platinum of coil 19 for permitting the distal end of the De                 
          Toledo guide wire to be confirmed using X-ray techniques, in                
          light of the teachings of Miyano.  Further, one skilled in the              
          art would have appreciated that it would be unnecessary to                  





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