Appeal No. 2003-1337
Serial No. 08/480,411
Claim 27
Waddell discloses a catheter microtube having a proximate
end (18) and a distal tip (16), comprising a braid layer (24)
extending from the proximate end to a point intermediate the
proximate end and the distal end (col. 4, lines 26-28; figure 3),
and an outer layer which, after pultrusion, extends from the
proximate end to the distal end (col. 4, lines 25-30).
Waddell, therefore, anticipates the microtube claimed in the
appellants’ claim 27.
The appellants argue that Waddell does not disclose an inner
layer which terminates at an intermediate point between the
proximate end and the distal end (brief, page 16). The
appellants are incorrect. As pointed out above, Waddell’s braid
layer which, as indicated by the appellants’ claim 28, can be the
appellants’ inner layer, terminates at an intermediate point
between the proximate end and the distal end (col. 4, lines 26-
28; figure 3).
We therefore are not persuaded of reversible error in the
examiner’s rejection of claim 27 as being anticipated by Waddell.
Consequently, we affirm the rejection under 35 U.S.C. § 102(b)
over Waddell of this claim and claim 28 which stands or falls
therewith.
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