Appeal 2007-1580
Application 11/017,710
1 The claimed invention is directed to a heat transfer catheter. The
2 specific feature at issue is the helical passage shown in Fig. 6. Claim 74,
3 reproduced below, is further illustrative of the claimed subject matter.
4 74. A heat transfer catheter apparatus, comprising:
5 (a) a substantially elongate shaft;
6 (b) at least one first lumen internal to said substantially elongate shaft,
7 said at least one internal lumen configured;
8 (i) to circulate a working fluid;
9 (ii) to inflate under pressure of said working fluid; and
10 (iii) to collapse under vacuum; and
11 (c) a second lumen external and adjacent to said substantially elongate
12 shaft, said second lumen having a spiral shape;
13 wherein said second lumen is configured to extract said circulating
14 working fluid.
15
16 Claims 74 and 75 stand rejected under 35 U.S.C. § 112, first
17 paragraph, as based on a specification and drawing that fail to satisfy the
18 written description requirement.
19
20 ISSUE
21 The sole issue for our consideration is whether Appellant’s application, as
22 filed, provides descriptive support for the subject matter of claims 74 and 75.
23
24 PRINCIPLES OF LAW
25 Whether a specification complies with the written description requirement of
26 35 U.S.C. § 112, first paragraph, is a question of fact. Regents of Univ. of Cal. v.
2
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