Appeal No. 2002-1492 Page 2
Application No. 09/352,161
BACKGROUND
The appellants' invention relates to methods and devices for magnetically guided
atherectomy of totally occluded arterial vasculature (specification, p. 1). A substantially
correct copy of the claims under appeal is set forth in the appendix to the appellants'
brief.1
The prior art references of record relied upon by the examiner in rejecting the
appealed claims are:
Abela et al. (Abela) 5,769,843 June 23, 1998
Conlan et al. (Conlan) 5,904,147 May 18, 1999
Claims 1 to 25 stand rejected under 35 U.S.C. § 102(b) as being anticipated by
Abela.
Claims 1 to 26 stand rejected under 35 U.S.C. § 103 as being unpatentable over
Abela in view of Conlan.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellants regarding the above-noted rejections, we make reference to the answer
1 Errors in claims 8, 15 and 23 were noted on pages 2-3 of the examiner's answer.
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