Ex Parte Graf et al - Page 2

               Appeal  2007-2018                                                                            
               Application  09/810,377                                                                      

                      flexible tube that itself is introduced into the blood vessel over a                  
                      dilator.  Once in position, the dilator is removed from within the                    
                      sheath and withdrawn from the patient, and the guide wire or                          
                      catheter is inserted through the sheath into the patient.                             
               (Specification 1.)  The Specification describes an “introducer sheath that                   
               includes a short distal tip section that is substantially more radiopaque than               
               the radiopaque material of the remainder of the polymeric sheath shaft” (id.                 
               at 3).  The distal tip may be made “of fluorinated ethylene propylene (FEP)                  
               containing a filler of tungsten or similar metal particles between about 20 to               
               75% by weight, while the sheath shaft is also of FEP with a substantially                    
               lower radiopaque filler content” (id.).                                                      
                                              DISCUSSION                                                    
               1.  CLAIMS                                                                                   
                      Claims 1, 2, 4-6, 13, 14, and 17-23 are pending and on appeal.                        
               Appellants argue the claims in the following groups:  claims 1 and 13;                       
               claims 2 and 4; claims 5 and 6; claim 14; claims 17-19, 22, and 23; and                      
               claims 20 and 21.  (Br. 4-11.)  The claims within each of these groups stand                 
               or fall together.  37 C.F.R. § 41.37(c)(1)(vii).  We will focus on claims 1, 2,              
               5, 14, 17, and 20, which are representative and read as follows:                             
                            1. An introducer sheath comprising:                                             
                            a shaft extending from a proximal end portion to a distal                       
                      end portion; and                                                                      
                            a distal tip section at said distal end portion of said shaft;                  
                            said shaft and said distal tip section comprising                               
                      fluorinated ethylene propylene and being joined by a thermal                          
                      bond, said distal tip section containing between about 20% and                        
                      75% by weight of a radiopaque material selected from the                              


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