Ex parte MICHAEL D. BARBERE - Page 4




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


                         The references of record relied upon by the examiner as                                                              
                evidence of obviousness are:                                                                                                  
                Simpson et al. (Simpson)                          4,323,071                         Apr.  6, 1982                             
                Sugiyama et al. (Sugiyama)                        88/04560                          Jun. 30, 19882                            
                                 (Japanese Patent)                                                                                            

                         Claims 1, 4-7, 13 and 14 stand rejected under 35 U.S.C.                                                              
                 103 as being unpatentable over Simpson in view of Sugiyama,                                                                 
                “each in view of the other.”  The examiner’s rationale in support                                                             
                of this rejection is as follows:                                                                                              
                         Attaching the Simpson et al. inner and outer tubes                                                                   
                         together in order to provide a more sturdy connection                                                                
                         between the tubes would have been obvious in view of                                                                 
                         the Sugiyama et al. teaching of securing the tubes                                                                   
                         together (with the spacer and opening 11 as shown by                                                                 
                         Sugiyama et al. fig. 6 for example) apparently in order                                                              
                         to provide such a sturdy connection.                                                                                 
                         Alternatively, using only two coaxial tubes in the                                                                   
                         Sugiyama et al. catheter in order to simplify it and                                                                 
                         reduce its cost would have been obvious in view of the                                                               
                         Simpson et al. teaching of using only two tubes.  In                                                                 
                         other words, replacing the vent path B of Sugiyama et                                                                
                         al. with a removable vent tube as shown by Simpson et                                                                
                         al. at 156 in order to reduce the profile of the                                                                     
                         catheter would have been obvious. [answer, page 3].                                                                  
                         Simpson pertains to a two tube, two lumen coaxial balloon                                                            
                dilation catheter comprising an inner tube 37 defining a                                                                      
                guidewire lumen therethrough, and a surrounding outer tube 38                                                                 


                         2Translation attached.                                                                                               
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