Ex Parte Sogard et al - Page 1


                              The opinion in support of the decision being entered today was not written                          
                                      for publication and is not binding precedent of the Board.                                  

                           UNITED STATES PATENT AND TRADEMARK OFFICE                                                              
                                                         __________                                                               
                                 BEFORE THE BOARD OF PATENT APPEALS                                                               
                                                AND INTERFERENCES                                                                 
                                                         __________                                                               
                         Ex parte DAVID J. SOGARD, JASON P. HILL, TIMOTHY S. GIRTON,                                              
                                            and CHRISTOPHER B. BPODEUR                                                            
                                                         __________                                                               
                                                   Appeal No.  2007-0917                                                          
                                                 Application No.  10/012,919                                                      
                                                         __________                                                               
                                                          ON BRIEF                                                                
                                                         __________                                                               
                   Before ADAMS, GRIMES and LEBOVITZ, Administrative Patent Judges.                                               
                   ADAMS, Administrative Patent Judge.                                                                            


                                                   DECISION ON APPEAL                                                             
                          This is a decision on appeal under 35 U.S.C.  134 from the examiner’s                                  
                   final rejection of claims 23 and 25-40.  The only remaining claims                                             
                   1-22 and 41-59 were withdrawn from consideration as drawn to a non-elected                                     
                   subject matter.                                                                                                
                          Claim 23 illustrative of the subject matter on appeal and is reproduced                                 
                   below:                                                                                                         
                          23. A process for forming a prosthesis, comprising the step of:                                         
                                  extruding an extrudate consisting of a lubricant and PTFE to form a                             
                               tubular member having a wall with an inner surface and an outer                                    
                               surface, a thickness being defined between said inner and outer                                    
                               surfaces in the range of about 250 μm or less at the exit of an                                    
                               extruder die used in the extruding.                                                                





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