Ex parte KUPIECKI - Page 6




          Appeal No. 2000-0180                                                        
          Application No. 08/539,943                                                  


          view of Goy, we note that on page 4 of the answer the examiner              
          has urged that Samson discloses a medical catheter like that                
          depicted in appellant’s invention “except for the delivery                  
          lumen with a delivery port proximal to the balloon.”  To                    
          account for this difference the examiner turns to Goy, noting               
          that Goy teaches a balloon dilation catheter used for delivery              
          of drugs and/or contrast medium to the vasculature system via               
          a second lumen (9) in the catheter which has a delivery port                
          or opening (10) located proximal to the balloon (22) so as to               
          allow access to and treatment of blood vessels that branch                  
          from main blood vessels. From these teachings, the examiner                 
          concludes that it would have been obvious to one of ordinary                
          skill in the art at the time of appellant’s invention to                    
          provide a separate lumen for drug and contrast material                     
          delivery in the catheter of Samson with a delivery port                     
          proximal to the balloon as taught by Goy “since Goy teaches                 
          that it is desired in the art of balloon angioplasty to                     
          provide a delivery lumen and port proximal the balloon so one               
          can access the branched blood vessels for treatment thereof                 
          and since Goy further teaches that balloon catheters can have               
          separate lumens for the guidewire and for infusion of drugs or              
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