Appeal No. 1999-0701
Application No. 08/705,005
"helically wound around the outer surface 34 of the balloon
member 16" and as having distal and proximal wraps (30, 32)
for securing the ends of the band to the tubular member (14).
The band is further described in column 10, lines 9-26, as
being made of an elastomer. While we can agree with the
examiner that the band (28) of Blackshear may be considered to
be disposed about the balloon independently of the exterior
surface of the balloon, in the sense that it is not connected
to the exterior surface of the balloon, we fail to find any
basis on which to conclude that appellants' claimed feature of
a "substantially non-compressive relationship" between the
exterior surface of the balloon and the wrapped elastomer
band, as we have interpreted that language above, would be
inherent in the structure of Blackshear's perfusion dilation
catheter, as the examiner has urged in both the final
rejection and answer. Having the elastomeric band (28) of
Blackshear wrapped around the outer surface (34) of the
balloon in its collapsed state, in our view, would place the
band in contact with the outer surface of the balloon over its
entire length and provide no areas or portions where the outer
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