Appeal No. 2006-3202 Page 4
Application No. 10/323,592
Casscells ‘261 teaches “[m]ethods and devices . . . for detecting vulnerable
atherosclerotic plaque, or plaque at risk of reducing blood flow in a vessel, by identifying
a region of elevated temperature along a living vessel wall.” Casscells ‘261,
Abstract. “Vulnerable” or “at-risk” plaques are unstable atherosclerotic plaques which
are susceptible to rupture. Id., column 1, line 57-column 2, line 40. “Rupture and/or
thrombosis of an atherosclerotic plaque is the immediate cause of most myocardial
infarctions and strokes.” Id., column 1, lines 44-47.
Using both intravascular and non-invasive devices for measuring vessel wall
temperature, Casscells ‘261 show that vulnerable plaques give off more heat than other
vessel wall regions. As compared to unaffected regions, the temperature in vulnerable
plaques is elevated in the range of about 0.2°C-5°C. Id., column 6, lines 23-30. “An
important advantage of the present methods is that they assist the physician in
diagnosing plaques at imminent risk of rupturing or occluding so that appropriate
interventional steps may be taken to avert a possibly fatal cardiovascular event.” Id.,
column 5, lines 39-44.
The Examiner argues that Casscells’ ‘261 method meets the “providing,”
“introducing”, “determining”, and “measuring” requirements of claim 1 (see Answer,
page 6, lines 7-13), but does not disclose the specific temperature range recited in claim
1 nor that the blood flow velocity in the blood vessel is at least 5 cm/s which is also
required by claim 1. Answer,4 page 4; page 5, lines 5-7.
4 All citations to the Examiner’s Answer are to the Answer mailed July 13, 2006. This replaced the
defective Answer mailed March 30, 2006.
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