Appeal No. 2002-1492 Page 6
Application No. 09/352,161
magnet elements could be used. Among alternatives are two lead resonated
wound magnet wire coils, four lead semiconductor hall effect device or devices in
a bridge configuration, two lead semiconductor magneto-resistive device or
devices in a bridge configuration, a saturated core flux gate magnetometer, two
lead wound magnet wire coil wound around a saturable core, a micro-machined
vibrating cantilever with an attached two lead wound magnet wire coil, and
electron tunneling magnetometer, or a giant magnetoresistance ratio (GMR)
sensor or sensors in a bridge configuration mounted on the distal tip of the
catheter.
Preferably the magnet elements in the catheter are for sensing and the
external magnet elements generate magnetic fields, but the magnet elements in
the catheter could generate the fields and the external magnet elements could
sense the magnetic fields. A magnet, either fixed or moving rotationally or
translationally, could be in the catheter to generate a magnetic field.
In our view, the examiner has not met the burden of establishing a prima facie
case of anticipation based on inherency for the reasons set forth by the appellants in the
briefs before us in this appeal. While the distal end of Abela's catheter does have
magnetic elements therein, there is no evidence (i.e., a basis in fact and/or technical
reasoning) to reasonably support the examiner's determination that Abela's magnetic
elements in the distal end of the catheter inherently are responsive to externally applied
magnetic fields to direct and orient the distal tip of the catheter. In our view, while
such a result may be possible, or even probable, that is insufficient to constitute an
anticipation. As set forth above, the mere fact that a certain thing may result from a
given set of circumstances is not sufficient to anticipate.
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007