Appeal No. 2006-2826 Page 2
Application No. 09/993,907
The protons in the area of interest align with the magnetic field. Id. Radiofrequency
pulses are used to excite the aligned protons. Id. When they relax, a signal is
produced which is measured by the MRI device and used to produce an image of the
object. Id. The environment of the protons can affect the ability of MRI to detect and
differentiate them from their surroundings. Id., ¶¶ 4, 24.
According to the specification, “[i]t is known to provide implantable or insertable
medical devices with a coating on a surface of the device.” Id., ¶ 21. The coatings can
carry a therapeutic agent, provide a lubricious surface to facilitate introduction of the
device into the patient, improve its biocompatibility, or other medical purposes. Id. MRI
has been used to guide the insertion or implantation of medical devices. Id., ¶ 8.
However, most polymers utilized to coat devices “do not produce adequate signals for
detection by MRI techniques.” Id. The application provides hydrogels which facilitate
the visibility of medical devices upon placement into a patient. Id., ¶ 14.
Discussion
Claim construction
Claims 1, 3-8, 10-12, 15-38, and 69 are on appeal. Claims 39-41, 43, 44, and
46-68 are withdrawn from consideration pursuant to a requirement for restriction. Brief,
page 2. There are eight prior art rejections; for each rejection, the claims stand or fall
together because Appellants have not separately argued the patentability of any
individual claim in the grouping. Claim 1 is the only independent claim on appeal which
reads as follows:
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