Ex Parte DRASLER et al - Page 2




             Appeal No. 2000-1359                                                               Page 2                
             Application No. 08/351,613                                                                               


                                                  BACKGROUND                                                          
                    The appellants’ invention relates to a device for removing thrombus or other                      
             tissue from an occluded or obstructed biological or synthetic body vessel or from a body                 
             cavity.  An understanding of the invention can be derived from a reading of exemplary                    
             claims 79, 80 and 81, which appear in the appendix to the appellants’ Brief.                             
                    The prior art references of record relied upon by the examiner in rejecting the                   
             appealed claims are:                                                                                     
             Wallach                                   3,930,505                   Jan. 6, 1976                       
             Plechinger et al. (Plechinger)            5,318,518                   Jun. 7, 1994                       
                    Claims 79-81, 85, 86, 90, 91, 102, 105 and 106 stand rejected under 35 U.S.C.                     
             § 102(e) as being anticipated by Plechinger.                                                             
                    Claims 82-84 stand rejected under 35 U.S.C. § 103(a) as being unpatentable                        
             over Plechinger in view of Wallach.                                                                      
                    Rather than reiterate the conflicting viewpoints advanced by the examiner and                     
             the appellants regarding the above-noted rejections, we make reference to the Answer                     
             (Paper No. 32) for the examiner's complete reasoning in support of the rejections, and                   
             to the Brief (Paper No. 27) for the appellants' arguments thereagainst.                                  














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