Appeal No. 2000-0448
Application No. 08/605,765
The references applied in the final rejection are:
Guglielmi et al. (Guglielmi) 5,354,295 Oct.
11, 1994
Brunelle et al., Endovascular Electrocoagulation with a
Bipolar Electrode and Alternating Current: A Follow-up Study
in Dogs, 148 Radiology 413-415 (Aug. 1983) (Brunelle)
Claims 1 to 28 stand finally rejected as unpatentable
over Guglielmi in view of Brunelle, under 35 U.S.C. § 103(a).
Rejection Pursuant to 37 CFR § 1.196(b)
Pursuant to 37 CFR § 1.196(b), claims 19 and 26 are
rejected for failure to comply with 35 U.S.C. § 112, second
paragraph.
Claim 19 reads:
19. The method of claim 18 wherein at
least a portion of the surrounding wall is
thermally damaged to induce local swelling and
narrowing of the body lumen around the vaso-
occlusive element and to temporarily lock the
vaso-occlusive element in place at the target
site, further comprising:
releasing the vaso-occlusive element.
In view of the recitation that the vaso-occlusive element is
temporarily locked in place by local swelling and narrowing of
the body lumen, the recitation of "releasing" the element
implies that it is released from the temporary lock. However,
such a release of the element is contrary to appellant’s
3
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