Appeal No. 1998-3366
Application No. 08/591,506
Finally, it is debatable whether the proposed
modification of Lau in view of Burton would result in the
claimed catheter system, namely, a catheter system wherein the
stent is bonded to an inflatable portion of a catheter by a
bond that is capable of remaining with the catheter when the
inflatable portion of the catheter is inflated to deploy the
stent. The circumstance that Burton’s adhesive is
“releasable” does not necessarily mean that it remains with
the catheter when the stent is deployed.
For these reasons, we cannot sustain the standing
§ 103 rejection of claim 1, or claims 2-4, 7, 13 and 14 that
depend therefrom, as being unpatentable over Lau in view of
Burton.
We also have carefully reviewed the Forman reference
additionally relied upon by the examiner in rejecting claims
8 and 9, and the Lee reference additionally relied upon by the
examiner with Forman in rejecting claims 10-12, but find
nothing therein that makes up for the deficiencies of Lau and
Burton discussed supra. Therefore, we also cannot sustain the
standing § 103 rejections of these dependent claims.
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