Appeal No. 2002-0396
Application No. 08/331,280
vary the pick count such that the desired flexibility increase
from the proximal end to the distal end is obtained.
The second supplemental declaration under 37 CFR § 1.131,
therefore, shows possession of subject matter which at least
would have rendered obvious to one of ordinary skill in the art
so much of the claimed invention as Pray shows. Hence, the
declaration has removed Pray as a reference.
Rejection of claim 9
The appellants’ claim 9 does not include any variation in
picks per inch such as that recited in claim 1. The appellants
do not argue that Pray is unavailable as a reference for the
disclosures therein relied upon by the examiner regarding
claim 9.
The appellants’ claim 9 requires an inner cured resin layer
having over it a braid layer extending from the proximal end of
the microtube to an intermediate point, and requires that from
the intermediate point to the distal end of the microtube, the
braid layer is the inner layer.
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