Appeal No. 1999-2789
Application No. 08/805,633
closure device remains, permanently plugging the defect. On
page 8 the their brief, appellants urge that the temperature
dependent change of shape of the shape memory polymer of
Kamiya is not curing, and that Kamiya "makes no disclosure,
suggestion or teaching of curing and hardening a plug of
polymeric material in situ," as set forth in the claims on
appeal.
Like the examiner, we note that Kamiya discloses (col. 3,
lines 41-48 and col. 7, lines 34-60) an article and method for
permanently closing a septal defect in a body. In pertinent
part, that disclosure indicates that subsequent to the time
the septal defect closure device or closing plug is recovered
to its original shape within the septal defect (i.e.,
undergoes its shape memory transition), it is cooled by the
body temperature and "loses its rubbery flexibility and is
fixed to the body as a hard member having high strength" (col.
3, lines 45-48) or "becomes gradually a hard material that
fits well to the defect" (col. 7, lines 58-60). Thus, it
appears clear that the closing plug in this embodiment of
5
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: November 3, 2007