Ex parte REGER - Page 2




                 Appeal No. 1998-1552                                                                                                                   
                 Application 08/698,982                                                                                                                 


                 and claims 24-31 are before us on appeal.                                                                                              


                          The appellant’s invention is directed to a method of                                                                          
                 enlarging a lumen of an artery that is affected by an                                                                                  
                 atheroma.  The claims on appeal have been reproduced in an                                                                             
                 appendix to the Brief.                                                                                                                 
                                                               THE REFERENCES                                                                           
                          The references relied upon by the examiner to support the                                                                     
                 final rejection are:                                                                                                                   
                 Fischell et al. (Fischell)                                     4,886,061                           Dec. 12,                            
                 1989                                                                                                                                   
                                                                                         (filed Feb. 9, 1988)                                           
                 Reiss                                                          4,966,604                           Oct. 30,                            
                 1990                                                                                                                                   
                                                                                         (filed Jan. 23, 1989)                                          

                                                              THE REJECTIONS1                                                                           
                          Claims 24-27 and 29-31 stand rejected under 35 U.S.C. §                                                                       
                 103 as being unpatentable over Reiss.                                                                                                  
                          Claim 28 stands rejected under 35 U.S.C. § 103 as being                                                                       
                 unpatentable over Reiss in view of Fischell.                                                                                           

                          1Rejections of claims 24-31 under 35 U.S.C. § 112, first                                                                      
                 and second paragraphs, were withdrawn in the Examiner’s                                                                                
                 Answer.                                                                                                                                
                                                                         -2-                                                                            





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