Ex Parte Lovett et al - Page 8

           Appeal 2007-1451                                                                         
           Application 09/970,146                                                                   

       1       07. Maseda does not show an electrode disposed within the device that is             
       2             configured to actually make contact with tissue and transmit and receive       
       3             signals from the tissue to an electrical connector that is capable of          
       4             transmitting the signals to an electronic measuring device.                    
       5       08. Maseda states that one of the reasons for its invention is to overcome the       
       6             concern with flexibility and steerability of coronary balloon catheter         
       7             devices (Maseda, col. 1, ll. 14-33), and that its device can mimic the         
       8             expansion of a balloon catheter device (col. 2, l. 63 – col. 3, l. 6).         
       9       Lieber                                                                               
      10       09. Lieber describes an invention that isolates the leads to electronic              
      11             elements within a balloon catheter without requiring a separate lumen          
      12             (Lieber, col. 1, ll. 62-66).                                                   
      13       10. Lieber describes an electrode configured to transmit and receive cardiac         
      14             signals, where the electrode is threaded through a catheter medical            
      15             device (Lieber, col. 5, ll. 26-37).                                            
      16       11. The Appellants do not contend that Lieber’s electrode is not an electrode        
      17             coupled with the device body, where the at least one electrode is              
      18             configured to transmit and receive electrical signals to and from tissue.      
      19       12. Lieber describes its device containing the electrode as being a balloon          
      20             catheter that uses a balloon to propel the inflated balloon-tipped catheter    
      21             from the right atrium into the pulmonary artery (Lieber, col. 3, ll. 56-60).   
      22       13. The Appellants do not contend that any of the subject matter in claims 9-        
      23             10, 12-14, 16, 21-23, 26, 28-29, 33,  and 58-69 are not found in the           
      24             combined teachings of Maseda and Lieber.                                       

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