Ex Parte HELLER et al - Page 5




          Appeal No. 2002-1916                                                        
          Application 09/332,772                                                      


          internal diameter of sufficient size to accommodate a dilator or            
          adapter (93) which is optionally positionable within the lumen of           
          the catheter member (20).  The adapter has an external diameter             
          substantially equal to the internal diameter of the lumen of the            
          catheter member (col. 16, lines 35-37), and the adapter (93)                
          further includes a lumen defining an internal diameter for                  
          directly fittingly accommodating a relatively small diameter                
          guidewire (95).  Like the examiner, we are of the view that the             
          lumen of the catheter member (20) in Donadio is of sufficient               
          internal diameter so as to accommodate a first guidewire of a               
          size larger than the size of the guidewire (95) accommodated by             
          the dilator/adapter (93), and that this is all that the language            
          of appellants’ claim 10 on appeal requires, because the first and           
          second guidewires are not recited as positive elements of the               
          claimed system.                                                             


                    With regard to the optional positioning of the adapter            
          (93) in the lumen of catheter member (20) in Donadio, we note               
          that the patent indicates (col. 3, lines 5-7) that after                    
          placement of the catheter member (20) in a blood vessel the                 



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