KEITH et al. V. COELHO - Page 18




          Interference No. 103,270                                                    



          be in the form of a balloon within the guide catheter" is                   
          inconsistent                                                                
          with CX-65 and 66, because the balloon shown in CX-66 is not                
          "within a guide catheter."  However, contrary to this                       
          argument,                                                                   


          Enger's testimony is consistent with the "Concept" paragraph                
          at the top of CX-66, which states that the balloon would hold               
          the guidewire in place "within the guide catheter."                         
                    A further argument by the junior party is that the                
          apparatus shown in CX-65 and 66 would be inoperative to                     
          practice the method of count 2.  Keith et al. refer to a March              
          22, 1989 memo from Coelho (CX-60) which states that the                     
          overall length of the rapid exchange guidewire would be 180                 
          cm.  Then, taking the lengths of various components of the                  
          system disclosed in Coelho's involved application, they                     
          calculate that when the first dilatation catheter is withdrawn              
          sufficiently to allow the balloon on the guidewire to be                    
          inflated and anchor the guidewire, the proximal end of the                  
          dilatation catheter would extend at least 2 cm past the                     
          proximal end of the guidewire.  This, according to                          
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