Appeal No. 1998-2826
Application No. 08/598,687
of the colon or the like while straightening this
portion. (Abstract, references numerals added).
McCoy discloses a guide apparatus, probe, and the like
that is steerable through body cavities having a plurality of
temperature activated memory elements (20, Fig. 3) formed of a
mechanical memory metal, e.g., nickel titanium alloy (col. 5,
lines 31 and 32). McCoy specifically teaches that the
elements (20) may be in the form of wires or flat strips (col.
5, lines 28 and 29). As McCoy explains it
[e]ach temperature-activated memory element 20 is
originally annealed into its preset shape (represented by
the broken lines in FIG. 3). Memory elements 20 are
cooled and straightened to their second shape
(represented by the solid lines in FIG. 3) before
incorporation into the distal end 16 of the tubular
member 12. When the elements 20 are again heated to a
predetermined transitional temperature they return to
their preset shape. By applying an opposing force to an
element 20 that has moved to assume its preset shape
it can be moved to its second shape (represented by the
solid lines in FIG. 3). In the illustrative embodiment,
the predetermined transitional temperature is any
temperature above body temperature. For example, the
predetermined transitional temperature may be in the
range of 100E to 150E F. (Col. 5, lines 46-61).
The examiner has concluded that
it would have been obvious to one of ordinary skill in
the art at the time of [appellant’s] invention to provide
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