Ex Parte Westlund et al - Page 4

                Appeal  2007-0811                                                                              
                Application 10/128,997                                                                         

                                                   ISSUES                                                      
                      The sole issue for consideration is whether Appellants have                              
                established that the Examiner erred in rejecting claims 1-33 on the ground of                  
                obviousness.                                                                                   
                                            FINDINGS OF FACT                                                   
                      Warman discloses a single path lead for insertion via the superior                       
                vena cava through the right atrium into the coronary sinus and thus into the                   
                great coronary vein.   The lead body of Warman is adapted to carry a signal                    
                and has a proximal end and a distal end with an intermediate portion                           
                therebetween.  Connectors 22, 24 are provided at the proximal end of the                       
                lead body.  Conductors 46, 48, and 50 are disposed within the lead body.  As                   
                disclosed, Warman has a preformed biased portion and an intermediate                           
                portion of the lead body.  Warman calls this part of his lead curved section                   
                B, and curved section B has electrodes 16 and 18 provided on the preformed                     
                biased portion.  Surrounding the preformed biased portion are curved                           
                sections A and C which are provided to allow stretching of the lead while                      
                the fixation portion or the preformed portion is secured in location in the                    
                vein.  We note that Warman discloses that the portions not disposed in the                     
                vena cava may be made more pliable than the portions applied in the vena                       
                cava.  Col. 2, ll. 28-30.  We note further that Warman discloses a tip                         
                electrode 12 as a steroid eluting, porous, sintered electrode.  Col. 4, ll. 49-50.             
                The fixture portion or biased portion of Warman can take the shape of                          
                sigmoidal or sinusoidal curve or it can take the shape of a spiral or helix.                   
                See Figure 4 and col. 6, ll. 40-48.   The cross section in Figure 2 shows                      
                lumens in the lead body 10 of Warman.  Following the convention typical                        


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