Ex parte KUPIECKI - Page 7




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


          other materials” (answer, page 4).                                          


          Based on our evaluation of the collective teachings of                      
          Samson and Goy from the perspective of one of ordinary skill                
          in the art at the time of appellant’s invention, we are in                  
          agreement with the examiner.  Appellant’s position (brief,                  
          pages 6-7) that Goy is limited in its teaching to providing an              
          additional open-ended lumen for introduction of contrast media              
          or drugs so as to overcome the disadvantage therein of a                    
          catheter having a closed distal end, and thus would not have                
          provided any motivation, much less a suggestion, for modifying              
          the open-ended dilation catheter of Samson to include an                    
          additional open-ended lumen as in Goy, is unpersuasive.  In                 
          this regard, we point to the teaching found in Goy at column                
          2, lines 49-52, that the catheter therein makes it possible to              
          carry out, independently of one another, measurements or                    
          infusions via the additional lumen and control of the pressure              
          in the balloon via the first lumen.  In our opinion, this                   
          teaching in the Goy reference would have provided ample                     
          motivation and suggestion to one of ordinary skill in the art               
          for providing the catheter of Samson with an additional lumen               
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