Ex Parte SWANSON et al - Page 2




              Appeal No. 2001-1621                                                                  Page 2                
              Application No. 09/111,308                                                                                  


                                                    BACKGROUND                                                            
                     The appellants' invention relates to systems and methods for ablating myocardial                     
              tissue for the treatment of cardiac conditions (specification, p. 1).  A copy of the claims                 
              under appeal is set forth in the appendix to the appellants' brief.                                         


                     Claims 50 to 60 stand rejected under 35 U.S.C. § 102(b) as being anticipated by                      
              U.S. Patent No. 5,263,4932 to Avitall.                                                                      


                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                        
              the appellants regarding the above-noted rejection, we make reference to the final                          
              rejection (Paper No. 15, mailed March 22, 2000) and the answer (Paper No. 22, mailed                        
              October 25, 2000) for the examiner's complete reasoning in support of the rejection,                        
              and to the brief (Paper No. 21, filed September 11, 2000) and reply brief (Paper No. 23,                    
              filed December 18, 2000) for the appellants' arguments thereagainst.                                        


                                                       OPINION                                                            
                     In reaching our decision in this appeal, we have given careful consideration to                      
              the appellants' specification and claims, to the applied prior art reference, and to the                    
              respective positions articulated by the appellants and the examiner.  As a consequence                      

                     2 Issued November 23, 1993.                                                                          







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