Ex parte C.A. BUFFINGTON, et al. - Page 6




          Appeal No. 96-3544                                                          
          Application No. 08/296,856                                                  


          "the interior wall of the insertion end of the tube contoured               
          outwardly from the insertion end axis, forming an angle with the            
          axis less than 90 degrees to form a flared end" is that the                 
          "flared end" referred to in claim 11 is at the actual extremity             
          of the claimed guide tube.                                                  


               With this interpretation of the phrase, we agree with the              
          appellants that Heyman does not anticipate claim 11 since Heyman            
          does not disclose a "flared end" as recited in claim 11.   While            
          Heyman does have a flared portion intermediate the ends of stylet           
          24 and catheter 26, the extremity, or end is not flared.  Thus,             
          Heyman does not have a "flared end."  Accordingly, we will not              
          sustain the rejection of claim 11 based on 35 U.S.C.  102(b) as            
          being anticipated by Heyman.                                                


               We have also reviewed the Binard and Paxson references                 
          applied with Heyman in the rejection of dependent claims 5                  
          through 8 under 35 U.S.C.  103 but find nothing therein which              
          would have suggested the deficiency of Heyman discussed above.              
          Accordingly, we will not sustain the examiner's rejection of                
          dependent claims 5 through 8 under 35 U.S.C.  103.                         



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