Ex parte MICHAEL D. BARBERE - Page 7

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

          outer tubes are secured to each other and to the inner tube at              
          the distal end of the catheter and the annular lumen B                      
          communicates with the interior of the balloon via radially                  
          extending ports 12.  Sugiyama does not disclose a catheter                  
          wherein the inflation lumen (i.e., annular lumen C) is the sole             
          lumen in communication with the interior of the balloon, as                 
          required for independent claim 1.                                           
               Considering first the examiner’s position that it would have           
          been obvious to one of ordinary skill in the art to attach the              
          inner and outer tubes of Simpson together in view of Sugiyama’s             
          teaching of securing tubes together (with, for example, a spacer            
          and opening 11 as shown by Sugiyama in Figure 6), the difficulty            
          we have with this rationale is that we fail to see any teaching             
          in the references themselves of an incentive for the proposed               
          modification.  Nothing in Simpson indicates that the construction           
          illustrated, for example, in Figure 6, is for the purpose of                
          providing a more robust connection between the outer and                    
          intermediate tubes, notwithstanding the examiner’s unsupported              
          statement that this construction is “apparently in order to                 
          provide such a sturdy connection” (answer, page 3).  Moreover,              
          providing such a construction in Simpson would appear to run                
          counter to one of Simpson’s stated objective, namely, forming the           


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