Appeal No. 1998-2051
Application 08/426,814
intravascular catheter. The catheter has an inner inflation
lumen 19 and an inner guidewire receiving lumen 18. The
examiner refers to port 20 as a means in the wall of the
adapter body
which permits the guidewire to exit laterally from the adapter
body.
OPINION
We have carefully reviewed the rejections on appeal in
light of the arguments of the appellant and the examiner. As
a result of this review we have reached the determination that
claim 20 presents an impermissible timewise extension of the
right to exclude with respect to appellant's prior patent.
Accordingly, the rejection of claim 20 is affirmed. With
respect to the rejection of claim 21, it is our determination
that Neracher does not anticipate this claim. Therefore the
rejection of claim 21 is reversed. Our reasons follow.
Turning to a consideration of the rejection of claim 20,
appellant argues that the examiner's rejection is "a non-
obviousness-type double patenting rejection." The appellant
argues that such a rejection is improper and should be
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