Appeal No. 2005-0943
Application No. 09/947,943
(specification, page 2). Representative claim 1 reads as
follows:1
1. An esophageal balloon catheter, comprising:
(a) a shaft having a proximal end, a distal end and a
longitudinal length, and defining a gastric lumen and an
inflation lumen;
(b) a single inflatable balloon, the inflatable balloon
sealingly attached to the shaft at a fixed longitudinal position
proximate the distal end of the shaft in fluid communication with
the inflation lumen; and
(c) an aspiration port through the shaft between the balloon
and the distal end of the shaft in fluid communication with the
gastric lumen;
(d) wherein the gastric lumen is not in fluid communication
with the inflation lumen or the balloon.
THE REJECTION
Claims 1 through 9 stand rejected under 35 U.S.C. § 102(b)
as being anticipated by U.S. Patent No. 5,314,409 to Sarosiek et
al. (Sarosiek).
Attention is directed to the brief (filed May 14, 2004) and
answer (mailed July 21, 2004) for the respective positions of the
appellant and examiner regarding the merits of this rejection.
DISCUSSION
Anticipation is established only when a single prior art
reference discloses, expressly or under principles of inherency,
1 The term “the distance markings” in claim 9 lacks a proper
antecedent basis, an informality which should be corrected in the
event of further prosecution.
2
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