Appeal No. 1998-2051
Application 08/426,814
slit in the catheter wall by which the catheter can be peeled
over a guidewire that remains in place in a patient's
vasculature.
A further understanding of the claimed invention can be
garnered by referring to the appealed claims appended to
appellant's brief.
The U.S. Patent forming the basis of the examiner's
double patenting rejection is:
Kramer 5,135,535 August 4, 1992
The reference relied upon by the examiner as evidence of
anticipation with respect to claim 21 is:
Neracher 5,135,482 August 4, 1992
THE REJECTIONS
Claim 20 stands rejected under the judicially created
doctrine of double patenting over claim 1 of U.S. Patent
No. 5,135,535. The examiner states that claim 20, if allowed,
would improperly extend "the right to exclude" already granted
in the patent.
Claim 21 stands rejected under 35 U.S.C. § 102(e) as
anticipated by Neracher. According to the examiner, Neracher
discloses an adapter for mounting on the proximal end of an
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