Appeal No. 2003-1655 Page 2
Application No. 09/800,706
BACKGROUND
The appellants' invention relates to a catheter. A copy of the dependent claims
under appeal is set forth in the appendix to the appellants' brief. Claim 31, the only
independent claim on appeal, reads as follows:
A catheter, comprising:
an elongate body having a first infusion lumen and a second infusion
lumen each extending through the elongate body, a distal end, and an exterior
surface;
a first cooling balloon through which a heat exchange fluid may circulate,
the first cooling balloon being distally located on the catheter and having a size
and configuration such that blood may flow around and past the first cooling
balloon when operatively disposed in a patient's blood vessel;
a first infusion port on the elongate body distal to the first cooling balloon,
the first infusion port establishing a pathway for fluid communication between the
exterior surface and the first infusion lumen; and
a second infusion port on the elongate body proximal to the first cooling
balloon, the second infusion port establishing a pathway for fluid communication
between the exterior surface and the second infusion lumen.
The prior art references of record relied upon by the examiner in rejecting the
appealed claims are:
Burton et al. (Burton) 5,496,271 March 5, 1996
Afzal 6,210,365 April 3, 2001
Claims 31 to 34 stand rejected under 35 U.S.C. § 103 as being unpatentable
over Burton in view of Afzal.
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