Appeal No. 1999-0701
Application No. 08/705,005
our agreement with appellants' arguments in the brief (pages
8-11) that the Blackshear patent does not describe, teach or
suggest a perfusion dilation catheter wherein a perfusion
brace is disposed around the balloon of the catheter
"independently of and in substantially non-compressive
relationship to the exterior surface of said balloon when said
balloon is in its collapsed state," as required, in the same
or similar language, in each of the independent claims on
appeal. In this regard, we understand the claim language
"substantially non-compressive relationship," in light of
appellants' specification (page 8, lines 14-19), as meaning
that the exterior surface of the balloon in its collapsed
condition "is not substantially constrained by the spiral
member 38 of the brace" seen in Figures 1-4 or the brace seen
in Figures 7-9 and that the exterior surface of the balloon in
its collapsed state is typically "spaced radially inwardly at
least along portions of the brace."
The band (28) of Blackshear which defines the perfusion
channel therein is disclosed (col. 7, lines 37-53) as being
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