Ex parte MAYBERG - Page 2




                  Appeal No. 1997-3010                                                                                     
                  Application 08/042,461                                                                                   


                         Claim 47 is illustrative and read as follows:                                                     
                         47. A method for the treatment of vascular disorders, comprising:                                 
                             exposing an external surface of an artery or vein;                                            
                             applying a polymer matrix, which is permeable to an agent for the                             
                         treatment of a vascular disorder and is impregnated with said agent, directly                     
                         to said external surface; and                                                                     
                             covering said polymer matrix with a barrier adapted to restrict the                           
                         release of said agent into tissue adjacent to said artery or vein, so that said                   
                         agent diffuses from said polymer directly to said external surface of said                        
                         artery or vein, thereby producing a localized effect on said artery or vein                       
                         without systemic effect.                                                                          
                         The references relied on by the examiner are:                                                     
                  Urquhart                    3,797,485                  Mar. 19, 1974                                   
                  Moskowitz et al. (Moskowitz), “Controlled release of horseradish peroxidase from                         
                  polymers: a method to improve histochemical localization and sensitivity,” Brain                         
                  Research, Vol. 212, pp. 460-65 (1981).                                                                   
                  Castellot et al. (Castellot), “Structural Determinants of the Capacity of Heparin to                     
                  Inhibit the Proliferation of Vascular Smooth Muscle Cells,” Journal of Cellular                          
                  Physiology, Vol. 120, pp. 315-20 (1984).                                                                 

                  1.     Claims 28 through 31, 34, 38, 39, 47, 49, and 52 stand rejected under                             
                  35 U.S.C. 103(a).  As evidence of obviousness, the examiner relies on Moskowitz.                         
                  2.     Claims 31 and 34 stand rejected under 35 U.S.C. 103(a).  As evidence of                           
                  obviousness, the examiner relies on Moskowitz and Castellot.                                             



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