Ex parte POHNDORF - Page 18




                 Appeal No. 2000-0323                                                                                    Page 18                        
                 Application No. 08/608,920                                                                                                             


                 catheter (22, 236) includes the elongated flexible tube (26,                                                                           
                 240).                                                                                                                                  


                          For the reasons set forth above, the claimed dilator is                                                                       
                 not readable on Ruggio's catheter.  Accordingly, the decision                                                                          
                 of the examiner to reject claims 1 to 6, 8 to 11 and 14 to 20                                                                          
                 under                                                                                                                                  
                 35 U.S.C. § 102(e) is reversed.                                                                                                        


                 The obviousness rejection                                                                                                              
                          We have reviewed the reference to Lee applied in the                                                                          
                 35 U.S.C. § 103 rejection of claims 12 and 13 but find nothing                                                                         
                 therein which makes up for the deficiency of Ruggio discussed                                                                          
                 above.   Accordingly, the decision of the examiner to reject1                                                                                                                           
                 claims 12 and 13 under 35 U.S.C. § 103 is reversed.                                                                                    


                                                                   CONCLUSION                                                                           



                          1Claims 12 and 13 recite an introducer system comprising,                                                                     
                 inter alia, a dilator, an elongated introducer sheath and                                                                              
                 means integrally formed with the dilator for introducing                                                                               
                 contrast media adjacent the distal end of the dilator.                                                                                 







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