Ex Parte Saab - Page 4

            Appeal 2007-1580                                                                                 
            Application 11/017,710                                                                           

        1          the entire length of sleeve 232, including balloon segment 236 and                        
        2          conical ends 238 and 240.  Thus, in still another embodiment of this                      
        3          invention, an apparatus similar to that shown in Fig. 4 but having two                    
        4          perimetrica1 lumens like lumen 242 running the entire length of                           
        5          sleeve 232 could be used to deliver heat transfer fluid to a body                         
        6          location distal of balloon segment 236.  The flow of heat transfer                        
        7          fluid, in through one of said perimetrical lumens and out through the                     
        8          other, would not be significantly interrupted even during dilatation of                   
        9          balloon segment 236.  Similarly, and for other applications, external,                    
       10          adjacent lumen 244 can be formed so as to run from one end of the                         
       11          middle or working section of balloon 236 to the other.  Similarly,                        
       12          external, adjacent lumen 246 can be formed so as to begin and end                         
       13          within the working section of balloon 236.  By proper selection of the                    
       14          forming wires, external, adjacent lumens can be created of the same or                    
       15          different diameters, of uniform or non-uniform cross-section, and of                      
       16          circular or other cross-sectional shape, as desired for particular                        
       17          applications.  Employing a similar preparation technique, a heat                          
       18          transfer balloon dilatation catheter apparatus can be prepared as                         
       19          shown in Fig. 6 wherein an external, adjacent lumen 252 runs in a                         
       20          helical pattern around the outside wall of balloon 236.  Helical lumen                    
       21          252 may comprise, in one embodiment, a plurality of pinholes 254                          
       22          along its length to precisely deliver medication or other fluids to select                
       23          body locations.                                                                           
       24   (Specification 23:9-24:9).                                                                       
       25          This passage would have conveyed to those skilled in the art that an external             
       26   adjacent lumen as described and illustrated in Figures 4 and 5 could optionally be               
       27   provided on the exterior surface of balloon 236 in a helical pattern.  The                       
       28   Specification plainly conveys that the pinhole embodiment of Figure 6 is merely                  
       29   “one embodiment” of the external, adjacent lumen of helical shape. Accordingly, it               
       30   is our finding that Appellant’s disclosure would have conveyed to those of                       
       31   ordinary skill possession of the subject matter of claims 74 and 75.                             
       32                                                                                                    
       33                                                                                                    

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