Appeal 2007-0811
Application 10/128,997
Stevens discloses a catheter for use in supplying and withdrawing
fluids from the heart. Turning to Figures 4A and 4B, we note that the
catheter has a soft tip 614 at the distal end 606 of the shaft. The soft tip is to
minimize trauma to tissue when the catheter is being introduced. See col.
11, ll. 20-32. The soft tip 614 is provided with radiopaque material to allow
visualization by fluoroscopy as the catheter is introduced into the heart. See
col. 11, ll. 58-60.
Ayers discloses another lead for implantation in the human heart
wherein the electrode 44 forms the entire part of the preformed biased
portion. From the electrode to the tip is a taper as seen in Figure 2.
Carson discloses another lead implanted into the heart using a guide
catheter through which the lead is introduced while the lead is stiffened with
the use of an internal stylet. See col. 4, ll. 35-56.
PRINCIPAL OF LAW
“Section 103 forbids issuance of a patent when ‘the differences
between the subject matter sought to be patented and the prior art are such
that the subject matter as a whole would have been obvious at the time the
invention was made to a person having ordinary skill in the art to which said
subject matter pertains.’” KSR Int'l Co. v. Teleflex Inc., 127 S.Ct. 1727,
1734, 82 USPQ2d 1385, 1391 (2007). The question of obviousness is
resolved on the basis of underlying factual determinations including (1) the
scope and content of the prior art, (2) any differences between the claimed
subject matter and the prior art, and (3) the level of skill in the art. Graham
v. John Deere Co., 383 U.S. 1, 17-18, 148 USPQ 459, 467 (1966). See also
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