Ex parte BURMEISTER et al. - Page 5




          Appeal No. 1999-1959                                       Page 5           
          Application No. 08/881,586                                                  


          skill in the art at the time of appellants’ invention “to                   
          replace the radiopaque coil of De Toledo with a plastic                     
          impregnated radiopaque segment in the device of De Toledo in                
          order to simplify the manufacturing process” (answer, page 4).              
               Appellants (brief, pages 9-11) argue that Miyano                       
          discloses two ways to provide radiopacity to a guide wire, one              
          of which, like that of De Toledo, involves providing a                      
          radiopaque member at the distal end of the core wire and the                
          other of which involves covering the entire length of a core 2              
          with a layer 4 having contrast characteristics.  Thus,                      
          according to appellants, to make the distal tip of the guide                
          wire more radiopaque than the proximal portion thereof, Miyano              
          teaches one to fix a radiopaque member to the distal tip of                 
          the core.  Appellants contend that neither De Toledo nor                    
          Miyano provides any teaching or suggestion for providing a                  
          distal plastic jacket portion that has enhanced radiopaque                  
          properties relative to the proximal jacket portion, as recited              
          in the claims.                                                              
               We appreciate that Miyano discloses, as the second                     
          alternative, providing a plastic layer having radiopaque                    
          materials mixed therein such that “the position of the overall              
          body of the guide wire 1 introduced into the blood vessel can               





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