Appeal No. 1999-2800
Application No. 08/761,659
alloy such as nitinol, an outer covering 202 of a polymer such
as polyethylene
(col. 10, lines 36 to 50), and an inner liner 204 also of a
polymeric material (col. 10, lines 26 to 35). The catheter is
disclosed as having a high resistance to kinking, and able to
recover in vivo from any kinking that may occur.
On pages 5 and 6 of the answer, the examiner states:
It is well settled in the art that materials such as
nitinol are shape memory alloys (SMA's) or super-elastic
alloys-depending on which side of the coin you rely upon. As
such they are known in the art to be utilized for steerable
catheters and such because in a cooled state they maintain one
form and in a heated state they maintain another-thereby
making them steerable. The device as taught by Samson,
specifically the braid and the outer polymeric covering,
clearly anticipate a "tubular forming member" . . . having two
forms-as settled by the heating process of forming SMA[ ] . . 2
. Samson further teaches a heat softenably [sic] polymeric
coating exterior to the forming member. If one were to choose
to actuate the braid of Samson it would require enough heat to
soften the polymeric coating and form the member into the
second form as claimed by the applicant. Because Samson
teaches "targeting" certain tissues within the vascular system
and the use of SMA's for maneuverability it is clear the
device could be utilized in that fashion.
The examiner further states that the 650° to 750°F. heat
2Here the examiner refers to another patent, Hemmer
5,334,168, which will not be considered by us since it was not
included in the statement of the rejection. In re Hoch, 428
F.2d 1341, 1342 n.3, 166 USPQ 406, 407 n.3 (CCPA 1970).
3
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