Appeal No. 1999-2789
Application No. 08/805,633
material designed to have a shape memory recovery temperature
that is higher than body temperature and wherein the plug,
subsequent to recovering its original shape, hardens from a
rubbery state to a hard member or material having a high
strength.
Regardless of whether or not Kamiya teaches "curing," a
point not factually or technically well developed by either
the examiner or appellants, we find that it clearly does teach
a method involving hardening of the defect closure device or
closing plug in situ so as to allow permanent plugging of the
defect, and consequently anticipates appellants' claim 140 on
appeal. Appellants' argument (brief, page 8) that Kamiya does
not disclose or teach "curing and hardening a plug" (emphasis
ours), is of no moment, since this is not what is required by
claim 140 on appeal. Moreover, we observe that there is no
requirement in claim 140 on appeal that the hardening of the
plug must take place as a result of a chemical change in the
plug, as appears to be urged by appellants on page 9 of their
brief.
7
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: November 3, 2007