Appeal No. 98-1936
Application 08/316,933
rejection of claims 1 through 11 and 21 through 28, which are
all
of the claims remaining in the application. Claims 12 through
20 and 29 through 37 have been canceled.
Appellants’ invention is directed to an implantable or
insertable medical device which is adapted to change shape or
configuration, as a result of hydration, a change in
temperature, and/or a combination thereof, subsequent to
implantation or insertion. Independent claims 1, 5, 21 and 24
are representative of the subject matter on appeal and a copy
of those claims, as reproduced from the Appendix to
appellants’ reply brief, is attached to this decision.
The sole prior art reference of record relied upon by the
examiner in rejecting the appealed claims is:
Wiesner et al. (Wiesner) 5,348,537 Sept. 20,
1994
(Filed July 15, 1992)
An additional prior art reference applied by this panel
of the Board in a new ground of rejection infra is:
Andersen 5,234,457 Aug. 10,
1993
(Filed Oct. 9, 1991)
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