Ex Parte Westlund et al - Page 5

                Appeal  2007-0811                                                                              
                Application 10/128,997                                                                         

                for patent drawings, we take Figure 2 as typical of the cross section of the                   
                Warman device, and we concur with the Examiner in his finding that the                         
                lumens of Warman are isodiametric.  With respect to Figure 8 in Warman,                        
                Warman appears to show a tapered distal end in this embodiment.  We credit                     
                the Examiner’s finding in this regard, inasmuch as the other embodiments                       
                seem to show a rounded or blunt tip.  With an abundance of caution, the                        
                Examiner has cited Hine and Williams which disclose cardiac leads which                        
                have a tapered flexible tip.                                                                   
                      Turning first to the disclosure of Hine, Hine discloses a molded nose                    
                110 for the cardiac lead for improved maneuverability within the tortuous                      
                cardiac vein.  See col. 4, ll. 26-32.  Hine further discloses that the most distal             
                portion of the lead 100 is the most flexible portion.  That is, in Figure 2,                   
                section 200 is more flexible than section 201 which in turn is more flexible                   
                than section 202.  See col. 4, l. 62-col. 5, l. 43.  See also col. 3, ll. 4-31.  The           
                function of this gradient of flexibility is to aid in maneuverability and to                   
                cause the various electrodes to be brought into and remain in contact with                     
                the right atrial wall and the coronary sinus wall.                                             
                      Williams discloses another cardiac lead in Figure 1 that has a tapered                   
                electrode head 24.  The distal tip or head of the lead is to facilitate the                    
                passage of the lead into the coronary sinus and into the great vein.  For this                 
                purpose, Williams discloses both a tapered or frustoconical tip 24 and a                       
                blunt or rounded tip 56.                                                                       


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