Appeal No. 2003-0839 Page 2
Application No. 09/646,339
Claim 1 is representative of the appealed claims and reads as follows:
1. Moulded items made form a thermoplastically processable
polyurethane containing a homogeneous distribution of an antibiotic
substance which have a peak-to-valley surface roughness of
<5 µm.
The examiner relies on the following references:
Darouiche et al. (Darouiche) 5,624,704 Apr. 29, 1997
Solomon et al. (Solomon) 5,707,366 Jan. 13, 1998
Claims 1, 3, and 4 stand rejected under 35 U.S.C. § 103 as obvious in
view of Solomon.
Claim 8 stands rejected under 35 U.S.C. § 103 as obvious in view of
Solomon and Darouiche.
We reverse.
Background
The specification discloses that the use of polymeric materials in medicine
“has led to a dramatic increase in so-called foreign body infections / polymer
associated infections.” Page 1. For example, “central venous catheters are
responsible for about 90% of all cases of sepsis in intensive medicine.” Page 2.
Attempts have been made to decrease infections associated with polymeric
medical articles by incorporating antimicrobial compounds into them, either at the
surface or within the polymer matrix. See pages 2-3.
The specification discloses “moulded items made from thermoplastic
polyurethanes which contain a homogeneous distribution of an antibiotic
substance and which have a peak-to-valley surface roughness of <5 µm.”
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