Appeal No. 1999-1964 Page 2
Application No. 08/349,665
BACKGROUND
The appellants’ invention relates to a method for breaking apart and removing
thrombus or other tissue from a body vessel or cavity. An understanding of the
invention can be derived from a reading of exemplary claim 37, which appears in the
appendix to the Brief.
The prior art references of record relied upon by the examiner in rejecting the
appealed claims are:
Kensey 4,790,813 Dec. 13, 1988
Neracher 5,135,482 Aug 4, 1992
(filed Jun. 8, 1989)
Claims 37, 38 and 41-57 stand rejected under 35 U.S.C. § 102(b) as being
anticipated by Kensey.
Claims 39-45 and 48-50 stand rejected under 35 U.S.C. § 102(e) as being
anticipated by Neracher.
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. 25) for the examiner's complete reasoning in support of the rejections, and
to the Brief (Paper No. 23) and Reply Brief (Paper No. 27) for the appellants’ arguments
thereagainst.
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