Appeal No. 2000-2047 Page 10
Application No. 09/014,759
have, at the very least, a deleterious effect upon the operation of Kim’s “essential” feature.
In addition, as was the case in the alternative rejection, the examiner has not directed us to
explicit teachings in Makower which support the conclusion that the addition of a guide
wire to the Kim device would be advantageous. Again, the mere fact that a prior art
structure could be modified does not make such a modification obvious in the absence of
suggestion to do so. In re Gordon, supra.
The rejection of claims 13-22, 24 and 26 as being unpatentable over Kim in view of
Makower is not sustained.
SUMMARY
Neither rejection is sustained.
The decision of the examiner is reversed.
REVERSED
IRWIN CHARLES COHEN )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
NEAL E. ABRAMS ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
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