Appeal No. 2005-0943
Application No. 09/947,943
each and every element of a claimed invention. RCA Corp. v.
Applied Digital Data Sys., Inc., 730 F.2d 1440, 1444, 221 USPQ
385, 388 (Fed. Cir. 1984).
Sarosiek discloses an esophageal catheter 10 comprising an
elongate outer housing 11, two balloons 30 and 32 disposed in
spaced apart relation on the outer surface of the housing, a
plurality of ports extending from the interior to the exterior of
the housing and six tubular channels located within the housing.
Each channel communicates with at least one port:
the balloon channels 22 and 24 communicate with the
balloons 32 and 30, through ports not illustrated.
Channel 12 communicates with ports 18 and 19. The
aspirating channel 14 communicates with port 20 above
the upper balloon. Air vent channel 28 communicates
with port 21 just below the upper balloon 32. Gastric
aspirating channel 15 communicates with the plurality
of ports 16, located at the tip or distal end 34 of the
catheter [column 3, lines 7 through 15].
As framed and argued by the appellant, the dispositive issue
in the appeal is whether Sarosiek meets the limitation in claim 1
requiring the recited catheter to comprise “a single inflatable
balloon.” According to the appellant, “Sarosiek et al. discloses
an esophageal perfusion catheter with at least two balloons . . .
[and] does NOT disclose, teach or suggest an esophageal perfusion
catheter with a single balloon (brief, pages 4 and 5).
3
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