Ex parte MICHAEL D. BARBERE - Page 9

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

          catheter.  As the court stated in Uniroyal, 837 F.2d at 1051, 5             
          USPQ at 1438, “it is impermissible to use the claims as a frame             
          and the prior art references as a mosaic to piece together a                
          facsimile of the claimed invention.”  This is precisely what the            
          examiner has done here, in our view.  It follows that we cannot             
          support the examiner’s first theory of obviousness.                         
               We now take up for consideration the examiner’s alternative            
          position that it also would have been obvious to one of ordinary            
          skill in the art to replace the vent path B of Sugiyama with a              
          removable vent tube as taught by Simpson at element 156 in order            
          to simplify the catheter, reduce its profile, and reduce its                
          cost.  The difficulty we have with this rationale is that it runs           
          directly contrary to Sugiyama’s expressly stated purpose of                 
          providing a triple-tube type catheter in order to eliminate the             
          need for Simpson’s removable vent tube and the alleged problems             
          caused thereby.  In this regard, we note the following passage              
          from pages 4-5 of the Sugiyama translation:                                 
                    In Simpson-Robert type systems, due to the                        
               presence of the metal pipe for air bubble removal, the                 
               flexibility of the catheter is impaired, and, as with                  
               the Gruntzig type, there is the danger of injury to the                
               blood vessel walls in blood vessels which are highly                   
               curved.  In addition, there is also the possibility of                 
               the metal pipe breaking through the catheter.                          


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