Appeal No. 2000-1934 Page 4
Application No. 08/779,420
small as five-eighths of an inch without adversely affecting
the functioning of the lumens.”
Abramson discloses a surgical drain comprising a catheter
10 made of latex, polyvinyl chloride (PVC) or, preferably,
silicone rubber. Abramson is silent with regard to the
dimensions or material properties of the catheter but does
disclose, in column 6, lines 1-9, that the holes 57, 58
provided in the distal portions of the walls of lumens 12, 14
and 16 "weaken the wall strength of the plastic at the distal
end of catheter 10" and thus permit "easier flexing, bending,
and movement of that portion as it is pushed against the body
tissues on insertion of the drain into the wound." Other
means for providing a "softened portion at the distal end"
include filamentation of the plastic walls there, forming a
porous grid in them or attachment of a softer piece of
material at the distal end.
In rejecting claims 1-5, 14 and 15 under 35 U.S.C. §
102(b) as being anticipated by Abramson, the examiner's
position, as expressed on page 4 of the answer, is that
[Abramson's] catheter is made of polyvinyl chloride
(PVC) as Applicant's(see Applicant's specification
page 9 lines 9-11) and the shaft could inherently
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