Appeal No. 97-1313
Application 07/931,695
same as, or an equivalent of, the corresponding structure described in appellants' specification within
the meaning of 35 U.S.C. § 112, sixth paragraph (brief, pages 41 to 43; reply brief, pages 4 to 5). The
Examiner responds that (answer, page 10):
both end cap 57 [sic: 37] of Frisbie et al. and stop ring 138 of the present invention are
alternative mechanisms for preventing the distal movement of the trapping member
(balloon) relative to the guide catheter.
In appellants' specification, the structure which corresponds to the claimed "means for
preventing" is a stop ring 138 which is located at the connection between the proximal and distal
portions 133, 134 of the shaft 132 of the captivation catheter 130 (page 27, lines 10 to 17). As
disclosed at page 30, lines 12 to 25: 4
With the embodiment of FIGS. 9 and 10, the captivation catheter 130 is positioned
in the guide catheter 22. Positioning of the captivation catheter 130 is facilitated by the
stop ring 138 . . . The physician advances the captivation catheter 130 into the guide
catheter 22 until the distal end of the captivation catheter is at the distal portion of the
guide catheter but not beyond it. The stop ring 138 is sized such that it will not fit into
the guide catheter manifold port and therefore the captivation catheter 130 cannot be
advanced so far into the guide catheter 22 that the inflatable balloon 131 extends past
the distal end of the guide catheter.
On the other hand, the apparatus identified by the examiner as being the "means for preventing" in the
4The language used in claim 1 to describe the function of the "means for preventing," i.e., "for
preventing the distal end . . . when inserted therein," does not appear in the specification. Although we
believe that this function is sufficiently described by the quoted portion of page 30 to comply with 35
U.S.C. § 112, first paragraph, the specification should be amended so that there is clear antecedent
basis as required by 37 C.F.R. § 1.75(d)(1).
4
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