Ex Parte Hsi et al - Page 2




          Appeal No. 2003-1374                                                        
          Application No. 09/591,947                                                  


                                APPEALED SUBJECT MATTER                               
               According to the appellants (Brief, page 3), “[c]laims 13, 15,         
          and 19 stand or fall together...”  Therefore, for purposes of this          
          appeal, we select claim 13 from the claims on appeal and decide the         
          propriety of the examiner’s rejection based on this claim alone             
          consistent with 37 CFR § 1.192(c)(7) (2001).  Claim 13 is                   
          reproduced below:                                                           
          13.  A catheter for phototherapy, comprising:                               
               an elongated body defining an axis of elongation, a distal             
          region, and a proximal region, said distal region being adapted for         
          introduction into a vas of a patient;                                       
               an elongated array of semiconductor light sources                      
          associated with said catheter body near said distal region, said            
          semiconductor light sources and said body near said                         
          semiconductor light sources being such that, when said                      
          semiconductor light sources are energized, light from said                  
          semiconductor light sources can radiate away from said body of said         
          catheter;                                                                   
               electrical energization means extending along at least a               
          portion of the length of said body from said proximal region to             
          said array, for energizing at least some of said semiconductor              
          light sources of said array;                                                

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