Appeal No. 2000-2029
Application 09/012,530
that such a stop would temporarily halt insertion of the dilator.
Appellant argues that Toye does not disclose a dilator for a
cannula assembly that is configured to receive simultaneously a
needle and a guide wire. In addition, appellant argues that Toye
does not disclose a dilator tip that is configured to limit
insertion of the needle.
Having reviewed and evaluated the Toye reference, we must
agree with the examiner that the dilator (22) seen in Toye
anticipates the dilator defined in claim 6 on appeal. Like the
examiner, it is our view that the enlarged proximal portion of
passage (20) in the dilator (22) of Toye, seen in Figures 2 and
4, is sized and configured to receive simultaneously a needle and
a guide wire. We recognize that the Toye patent does not
expressly describe or teach that the enlarged proximal portion of
passage (20) is actually used to simultaneously receive a needle
and a guide wire, but it is apparent to us from the showing in
Figures 2 and 4 of Toye that the enlarged proximal portion of
passage (20) is clearly capable of such a use and thus is clearly
“configured to receive simultaneously a needle and a guide wire,”
as broadly set forth in appellant’s claim 6 on appeal. In this
regard, we point out that claim 6 is directed to the structure of
4
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