Ex parte MICHAEL D. BARBERE - Page 10




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


                    . . . The present invention . . . has the purpose                 
               of offering a vessel-expanding catheter which is able                  
               to eliminate residual air bubbles in the expanding                     
               member easily . . . [and] has the further purpose of                   
               offering a vessel-expanding catheter which prevents                    
               injury to the interior wall of blood vessels, thus                     
               reducing complications such as abrasion of the blood                   
               vessel interior walls . . .                                            
                    The aforesaid purposes are achieved by means of a                 
               vessel-expanding catheter characterized as being                       
               provided with a triple-tube type catheter tube composed                
               of an inner tube that forms a No. 1 flowpath open at                   
               one end, a center tube that encloses said inner tube                   
               and forms a No. 2 flowpath with said inner tube, and an                
               outer tube that encloses said inner tube and forms a                   
               No. 3 flowpath with said inner tube . . .                              
               Thus, Sugiyama clearly teaches away from the modification              
          thereof proposed by the examiner in his alternative theory of               
          obviousness.                                                                
               The decision of the examiner is reversed.                              
                                      REVERSED                                        


                         NEAL E. ABRAMS                )                              
                         Administrative Patent Judge   )                              
                                                      )                              
                                                      )                              
                                                      )                              
                         LAWRENCE J. STAAB             ) BOARD OF PATENT              
                         Administrative Patent Judge   ) APPEALS AND                  
                                                      ) INTERFERENCES                
                                                      )                              
                                                      )                              
                         JOHN P. McQUADE               )                              
                         Administrative Patent Judge   )                              


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