Ex Parte Ferry et al - Page 2

                Appeal 2007-2812                                                                             
                Application 10/337,236                                                                       
                      1) Claims 1-3, 6-12, 15, 16, 18, and 21 stand rejected under 35 U.S.C.                 
                § 102(b) as anticipated by Anderson (US 4,244,362);                                          
                      2) Claims 4, 5, and 17 stand rejected under 35 U.S.C. § 103(a) as                      
                obvious over Anderson in view of Engelson (US 6,221,061);                                    
                      3) Claims 13, 14, 19, and 20 stand rejected under 35 U.S.C. § 102(b)                   
                as anticipated by Anderson, or alternatively, under 35 U.S.C. § 103(a) as                    
                obvious over Anderson; and                                                                   
                      4) Claims 1 and 23 stand rejected under 35 U.S.C. § 102(b) as                          
                anticipated by Kuntz (US 4,790,809).                                                         
                      We select claims 1, 4, 14, and 23 from each rejection as representative                
                of each grouping for the purpose of deciding this appeal.  See 37 C.F.R. §                   
                41.37(c)(1)(vii).  With respect to the rejection based on Kuntz, claims 1 and                
                23 are separately argued by Appellants.  Therefore, we consider both these                   
                claims in addressing this rejection.                                                         
                      Claims 1, 4, 3 (on which claim 4 depends), 14, 13 (on which claim 14                   
                depends), and 23 read as follows:                                                            
                      1. A magnetically navigable medical guidewire, comprising an                           
                      elongate wire having a proximal end, and a distal end; a hollow                        
                      cylinder secured on the distal end of the wire forming the tip of                      
                      the guidewire; a magnetically responsive element inside said                           
                      hollow cylinder; and a dome-shaped cap securing the                                    
                      magnetically responsive element inside the hollow cylinder.                            
                      3. The magnetically navigable medical guidewire according to                           
                      claim 1 wherein the hollow cylinder is radiopaque.                                     
                      4. The magnetically navigable medical guidewire according to                           
                      claim 3 wherein the radiopaque hollow cylinder is made of gold                         
                      or a gold alloy.                                                                       



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