Appeal No. 2003-1337
Serial No. 08/480,411
The examiner has not provide any explanation as to how Waddell
and Pray would have fairly suggested, to one of ordinary skill in
the art, use of cured resin layers in Waddell’s catheter.
Claim 29 further requires that both the inner and second
layers extend from the proximal end to the distal end, and that
the outer layer encases the second layer. Waddell’s braid-
saturating thermoplastic, which the examiner relies upon as being
the appellants’ second layer (answer, page 5), does not extend to
the distal end of the catheter (col. 4, lines 5-9 and 26-28), and
the examiner has not explained how Waddell and Pray would have
fairly suggested, to one of ordinary skill in the art, extending
Waddell’s braid-saturating thermoplastic to the distal end.7
We therefore reverse the rejection under 35 U.S.C. § 103 of
claim 29 and claims 30 and 31 which depend therefrom.
Claims 10, 11 and 13
Claim 10 requires a tube wall which comprises at least one
cured resin layer and has an inner lumen, wherein the tube wall
thickness and the cross section of the inner lumen are greater at
the proximate end than at the distal end.
7 The examiner and the appellants should address whether
claim 30, which states that the second layer extends only from
the proximate end to an intermediate point, is properly dependent
from claim 29 which requires that the second layer extends from
the proximal end to the distal end.
13
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