Appeal 2007-0845
Application 10/268,135
Thus, we agree with the Examiner that Jang’s catheter meets claim 1’s
requirement of a guide wire ramp formed of a portion of the catheter wall
separated from another portion of the catheter wall by a slit extending
proximally to create a substantially angled tip.
We also agree with the Examiner that claim 1 does not require the
angled portion of the guide wire ramp to be permanently angled. Moreover,
by describing a guide wire exchange procedure that “deflects the ramp 62
radially outward to allow the guide wire 36 to pass thereunder”
(Specification 9), Appellants’ Specification clearly contemplates
embodiments in which the guide wire ramp is not permanently angled.
Appellants argue that “in each drawing showing the angled structure,
a gap is left between the angled structure and an inner surface of the wall
30” (Br. 6). Thus, Appellants argue, the conclusion that Jang’s angled
structure
forms a ramp forcing a guidewire 50 out of the lumen 20 is
speculative. . . . [A]lthough Jang includes no description of
what happens as a proximal end of a guidewire moves
proximally within the lumen 20 past the side port 34 (i.e., if the
catheter of Jang were loaded distal end first as is generally
done) it appears likely that the guide wire would continue
through the lumen 20 past this angled structure into the
proximal portion of the lumen 20. Nothing in Jang contradicts
this reading and it is respectfully submitted that only
speculation suggests any other reading.
(Id.)
The Examiner points (Answer 4) to Jang’s disclosure that
[t]he side port 234 . . . is adapted to permit insertion or removal
of a guidewire therethrough. Preferably, the side port 234 is
configured such that a guidewire passing through the side port
234 may easily extend distally through the guidewire lumen
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