Ex Parte Charlton - Page 1



          The opinion in support of the decision being entered today was              
          not written for publication and is not binding precedent of the             
          Board.                                                                      
                                                       Paper No.                      
          UNITED STATES PATENT AND TRADEMARK OFFICE                                   
          ______________                                                              
          BEFORE THE BOARD OF PATENT APPEALS                                          
          AND INTERFERENCES                                                           
          _______________                                                             
          Ex parte NICOLA CHARLTON                                                    
          _______________                                                             
                                                                                     
          Appeal No. 2005-0943                                                        
          Application No. 09/947,943                                                  
          _______________                                                             
          ON BRIEF                                                                    
          _______________                                                             
          Before FRANKFORT, MCQUADE, and BAHR, Administrative Patent Judge.           
          MCQUADE, Administrative Patent Judge.                                       
          DECISION ON APPEAL                                                          
               Nicola Charlton appeals from the final rejection of claims 1           
          through 9, all of the claims pending in the application.                    
                                    THE INVENTION                                     
               The invention relates to “an esophageal balloon catheter               
          capable of quickly and safely providing esophageal gauging and              
          stenting as well as gastric aspiration during esophageal surgery”           








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