Ex parte AVITALL - Page 10

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

               After reviewing the combined teachings of the applied                  
          prior art, we reach the conclusion that the subject matter of               
          claim 38 would not have been suggested to one of ordinary                   
          skill in the art at the time the invention was made.                        
          Specifically, we agree with  the appellant that there is no                 
          suggestion, motivation, or teaching in the prior art whereby                
          the person of ordinary skill would have been instructed to                  
          attach the core member 21 of Gould to the catheter wall at or               
          near the distal tip area as opposed to the flexible coil or                 
          coiled tip 23 explicitly taught by Gould absent the use of                  
          impermissible hindsight.  We note that claim 38 is concerned                
          with the anchoring of a torque transmitting member to the wall              
          of a catheter.  However, Jackowski’s wire member 16 is clearly              
          not intended to be twisted or to serve as a torque                          
          transmitting member.  Further, while Jackowski does teach that              
          bending control can be achieved by a wire member 16 hooked                  
          into electrical contact with an electrode 18 which is mounted               
          in the catheter wall, the reference provides no teaching or                 
          suggestion that we can discern that improved bending control                
          of the catheter can be achieved by attaching the wire member                


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