Ex parte AVITALL - Page 8

          Appeal No. 1998-1045                                                        
          Application 08/482,674                                                      

          distal end 28 being in a straight configuration.  However,                  
          when it is necessary for further advancement, wire member 16                
          is pulled relative to the rest of the catheter, to impose a                 
          curved configuration upon distal end 28, as shown in phantom                
          lines in Fig. 2, with the degree of such curvature dependent                
          upon the distance that wire member 16 is pulled rearwardly                  
          (id. at lines 58-66).                                                       
               The examiner describes Gould as disclosing all of the                  
          limitations of claim 38, except that the deflection control                 
          element 21 of Gould is not anchored to the catheter wall                    
          (final rejection, page 2).  Jackowski is cited as teaching a                
          catheter having a deflection control element 16 anchored to                 
          the catheter wall (id.).  It is the examiner’s position that                
               [i]t would have been obvious, in view of Jackowski,                    
               to anchor the deflection control element of Gould .                    
               . . to the wall to better control the bending of the                   
               distal tip.  (Id.)                                                     
               Appellant, on the other hand, argues (main brief, pages                
          10-13) that motivation is lacking for combining the teachings               
          of Gould and Jackowski along the lines of claim 38.                         
               As both the examiner and appellant recognize, obviousness              
          cannot be established by combining the teachings of the prior               


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