Ex Parte Ferry et al - Page 6

                Appeal 2007-2812                                                                             
                Application 10/337,236                                                                       
                5.  The magnet 27 is encased in an inert housing 29 (Anderson, at col. 6, ll.                
                11-14) which is shown in Fig. 3 to be dome-shaped.                                           
                6.  The stylet 23 is inserted into the throat of the patient and then guided into            
                the trachea using an external magnet 41 (Anderson, at col. 6, ll. 27-46 and                  
                Figs. 5-7).                                                                                  
                7.  The stylet 23 comprising the magnet 27 is “responsive to the external                    
                magnet” and is guided by an external magnet into the trachea (Anderson, at                   
                col. 4, ll. 33-66).                                                                          
                Application of Anderson to the claims                                                        
                8.  The main body 25 of the stylet 23 is an “elongate wire” (Findings of Fact                
                (“FF”) 3; Anderson, at col. 6, ll. 5-7 and Fig. 2) as recited in claim 1.                    
                9.  The inert housing 29 of Anderson’s stylet 23 is a hollow cylinder (FF 5;                 
                Anderson, at col. 6, ll. 11-14 and Fig. 3) attached to the end of the stylet 23,             
                satisfying the limitation of claim 1 of a “hollow cylinder secured on the                    
                distal end of the wire forming the tip of the guidewire.”  (See Final Office                 
                Action 3.)                                                                                   
                10.  A magnet 27 which is “responsive” to an external magnet (FF 6, 7;                       
                Anderson, at col. 4, ll. 33-66) is “encased in the inert housing” (FF 5;                     
                Anderson, at col. 6, ll. 11-14), meeting the limitation in claim 1 of a                      
                “magnetically responsive element inside said hollow cylinder.” (See Final                    
                Office Action 3.)                                                                            
                11.  The inert housing 29 has a dome-shaped end (FF 5; Anderson, at col. 6,                  
                ll. 11-14 and Fig. 3) which holds the magnet as required by the recitation in                
                claim 1 of a “dome-shaped cap securing the magnetically responsive                           
                element inside the hollow cylinder.” (See Final Office Action 3.)                            


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