Ex Parte Charlton - Page 6



          Appeal No. 2005-0943                                                        
          Application No. 09/947,943                                                  

          definition advanced by the examiner is not.  Interpreted in this            
          light, the subject matter recited in claim 1 is limited to a                
          catheter having but one balloon, and hence is not met by                    
          Sarosiek’s disclosure of a catheter having two balloons.                    
               Accordingly, we shall not sustain the standing 35 U.S.C.               
          § 102(b) rejection of independent claim 1, and dependent claims             
          2 through 9, as being anticipated by Sarosiek.                              
                                       SUMMARY                                        
               The decision of the examiner to reject claims 1 through 9 is           
          reversed.                                                                   















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