Ex parte BUSCEMI - Page 3




                Appeal No. 97-2552                                                                                 Page 3                     
                Application No. 08/541,658                                                                                                    


                                                              BACKGROUND                                                                      
                         The appellant's invention relates to a catheter.  An                                                                 
                understanding of the invention can be derived from a reading of                                                               
                exemplary claim 3, which appears in the appendix to the                                                                       
                appellant's brief.                                                                                                            


                         The prior art references of record relied upon by the                                                                
                examiner in rejecting the appealed claims are:                                                                                
                Gottschalk et al.                         5,035,621                                 July 30, 1991                             
                (Gottschalk)                                                                                                                  
                Levy                                      5,092,773                                 March 3, 1992                             
                Thomas                                    5,184,044                                 Feb.  2, 1993                             

                         References made of record by this panel of the Board are:                                                            
                Sinofsky                                  5,207,670                                 May   4, 1993                             
                (Sinofsky '670)                                                                                                               
                Sinofsky                                  5,540,677                                 July 30, 19962                            
                (Sinofsky '677)                                                                                                               


                         Claims 3, 4, 5 and 8 stand rejected under 35 U.S.C. § 103 as                                                         
                being unpatentable over Levy in view of Thomas.                                                                               


                         Claims 6 and 7 stand rejected under 35 U.S.C. § 103 as being                                                         
                unpatentable over Levy in view of Thomas and Gottschalk.                                                                      

                         2This patent has an effective filing date under 35 U.S.C.                                                            
                § 102(e) of May 3, 1993.                                                                                                      







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