Ex parte MICHAEL D. BARBERE - Page 2




          Appeal No. 97-0684                                                          
          Application 08/171,343                                                      


          rejection of claims 1, 4-7, 13 and 14 remain before us for                  
          review.  We reverse.                                                        
               Appellant’s invention pertains to a two tube, two lumen                
          coaxial balloon dilation catheter for use in percutaneous                   
          transluminal coronary angioplasty.  According to appellant, with            
          some prior art catheter constructions,                                      
               [t]he tortuous configuration of the arteries may                       
               present difficulties to the physician in properly                      
               placing the guidewire and then advancing the catheter                  
               over the guidewire. . . . For example, . . . there may                 
               be a tendency for the tubes to telescope when presented                
               to an increased resistance.  The telescoping of the                    
               tubes will tend to draw the ends of the balloon                        
               together slightly but sufficiently to permit the                       
               balloon to become bunched up as it is forced through                   
               the stenosis.  The bunching up of the balloon makes it                 
               more difficult for the balloon to cross the stenosis.                  
               [specification, pages 3-4].                                            
               Appellant endeavors to overcome this alleged deficiency in             
          the prior art by anchoring the distal end of the outer tube to              
          the inner tube at a location within the balloon to prevent                  
          telescoping of the outer tube over the inner tube at the location           
          of the balloon.  According to appellant, “[b]y preventing                   
          telescoping of the inner and outer tubes, the axial distance                
          between the ends of the balloon does not contract and bunching of           
          the balloon is avoided” (specification, pages 5-6).                         



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