Ex Parte Westlund et al - Page 11

                Appeal  2007-0811                                                                              
                Application 10/128,997                                                                         

                                      REMAND TO THE EXAMINER                                                   
                It is noted that the Examiner has cited Carson as teaching a guidewire                         
                for implanting the lead of Warman.  As we understand Carson, however,                          
                Carson uses a guiding catheter through which the lead is advanced along                        
                with a stiffening stylet to maneuver the lead in place.  We do not regard the                  
                stylet as a guidewire, nor do we regard the guiding catheter as a guidewire.                   
                Consequently, we reverse the rejections of claims 21 and 30-33 as not                          
                showing a guidewire.  However, we understand that guidewires are                               
                conventional in this art, and we remand the application to the Examiner for                    
                further consideration of whether it would have been obvious to include                         
                provisions for a guidewire when the instant invention was made.                                
                       This remand to the examiner pursuant to 37 CFR  41.50(a)(1)                            
                 (effective September 13, 2004, 69 Fed. Reg. 49960 (August 12, 2004), 1286                     
                 Off. Gaz. Pat. Office 21 (September 7, 2004)) is made for further                             
                 consideration of a rejection.  Accordingly, 37 CFR  41.50(a)(2) applies if a                 
                 supplemental examiner's answer is written in response to this remand by the                   


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