Ex Parte HELLER et al - Page 8




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


          independent claim 21 is directed to a catheter system including             
          a kit of parts for use with a plurality of guidewires having                
          different diameters and, in addition to a catheter having a lumen           
          of a given internal diameter, also includes                                 
                    a plurality of adapters, each of said                             
                    plurality of adapters including an external                       
                    diameter substantially equal to said internal                     
                    diameter of said lumen of said catheter for                       
                    individual exclusive positioning in said                          
                    lumen of said catheter, each of said                              
                    plurality of adapters further including a                         
                    lumen defining mutually distinct internal                         
                    diameters for uniquely fitting one of said                        
                    plurality of guidewires.                                          
                    According to the examiner (answer, page 6), although              
          Donadio does not disclose a plurality of adapters, it is common             
          knowledge in the prior art to insert a plurality of different               
          devices through a catheter in order to perform surgery and those            
          skilled in the art would recognize that such different devices              
          have different diameters.  Apparently based on that knowledge,              
          the examiner then reaches the conclusions that                              
                    [i]t would have been obvious to one having                        
                    ordinary skill in the art at the time the                         
                    invention was made to modify the number of                        
                    adapters used in order to customize it to                         
                    the patient’s blood vessels (i.e. veins,                          
                    arteries, capillaries).  Further it would                         
                    have been construed as a mere duplication                         
                    of adapters performing the same function.                         


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