Ex parte PALERMO - Page 12




          Appeal No. 2000-0448                                                        
          Application No. 08/605,765                                                  


          We consider this claim to be unpatentable over Guglielmi in                 
          view of Brunelle, essentially for the reasons discussed above               
          with respect to claim 1.  Brunelle discloses, in the part of                
          pages 414 and 415 quoted supra, that applying high frequency                
          AC current will cause a local rise in temperature leading to                
          thermic coagulation of surrounding tissues, and that there is               
          trauma of the vessel wall.  This would constitute a "thermal                
          reaction at the target site," as claimed, and in practicing                 
          the method of Guglielmi as modified by Brunelle would                       
          inherently induce thrombosis to hold the element (coil) in                  
          place, for as appellant discloses at page 4, lines 18 to 33,                
          such heating of the luminal wall induces fibrogenic occlusion               
          of the vessel around the vaso-occlusive element, and at page                
          6, lines 29 to 31, the fibrogenic occlusion of the vessel                   
          "will slowly and permanently lock the coil in position at the               
          occlusion site."  Appellant’s argument that generating a                    
          thermal reaction would be contrary to Guglielmi’s disclosure                
          of non-thermally detaching the coil is not persuasive, because              
          the thermal reaction is in the vessel wall, not in the coil,                
          which, being made of platinum, a low resistance material,                   
          would itself undergo little if any heating.                                 
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