Appeal 2007-0811
Application 10/128,997
REMAND TO THE EXAMINER
It is noted that the Examiner has cited Carson as teaching a guidewire
for implanting the lead of Warman. As we understand Carson, however,
Carson uses a guiding catheter through which the lead is advanced along
with a stiffening stylet to maneuver the lead in place. We do not regard the
stylet as a guidewire, nor do we regard the guiding catheter as a guidewire.
Consequently, we reverse the rejections of claims 21 and 30-33 as not
showing a guidewire. However, we understand that guidewires are
conventional in this art, and we remand the application to the Examiner for
further consideration of whether it would have been obvious to include
provisions for a guidewire when the instant invention was made.
This remand to the examiner pursuant to 37 CFR § 41.50(a)(1)
(effective September 13, 2004, 69 Fed. Reg. 49960 (August 12, 2004), 1286
Off. Gaz. Pat. Office 21 (September 7, 2004)) is made for further
consideration of a rejection. Accordingly, 37 CFR § 41.50(a)(2) applies if a
supplemental examiner's answer is written in response to this remand by the
Board.
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