Appeal No. 2003-1337
Serial No. 08/480,411
over the inner cured resin layer, and an outer cured resin
layer (54) over and encasing the braid layer, wherein the braid
layer is woven in a weave having relatively fewer picks per inch
at the proximal end and relatively more picks per inch at the
distal end (col. 2, lines 31-34; col. 3, lines 22-30; col. 3,
line 66 - col. 4, line 37; col. 10, lines 13-14).
The declaration under 37 CFR § 1.131 shows that, no later
than November 1992, the appellants were in possession of a
microtube having an inner cured resin layer, a braid layer over
the inner cured resin layer, and an outer cured resin layer over
and encasing the braid layer, wherein the braid pick count varies
over the length of the catheter to provide increased flexibility
from the proximal end to the distal end (declaration exhibits B-
I).
The declaration exhibits do not show fewer picks per inch at
the proximal end than at the distal end. However, given that the
pick count varies over the length of the catheter to provide
increased flexibility from the proximal end to the distal end, it
would have been obvious to one of ordinary skill in the art to
vary the pick count as needed to obtain the desired flexibility
increase from the proximal end to the distal end.
The declaration under 37 CFR § 1.131, therefore, shows
possession of subject matter which at least would have rendered
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