Appeal No. 98-1936
Application 08/316,933
fact that the polymeric sealing element (15) of Wiesner is
swellable upon contact with an aqueous based liquid, such as
that encountered when the catheter is inserted into a human
body lumen, to attain a “first conformation” and was
previously in a cured solid state defining an unswelled
condition or a “second conformation,” does not appear to us to
meet the limitations of claims 1 through 11 and 21 through 28
on appeal.
In the language of claims 1 and 21 on appeal, we see
nothing in Wiesner which teaches or discloses a medical device
comprising a polymer structure (claim 1) or a structure (claim
21) that would ordinarily assume a first conformation and a
hydrophilic polymer coated upon at least a portion of the
structure, with the hydrophilic polymer being in a second
conformation and having sufficient rigidity such that the
polymer structure (claim 1) or the structure (claim 21) is
held in the second conformation, wherein upon hydration of the
hydrophilic polymer the polymer structure (claim 1) or the
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