Appeal No. 1999-2649
Application 08/483,291
claims 39
and 43 were canceled by an amendment filed with appellant’s
brief.
The involved invention generally concerns medical devices
made of shape memory alloys (SMA) which display the property
of stress-induced martensite (SIM) . The particular subject 1
matter in issue is defined by the claims on appeal, which are
reproduced in Appendix A of appellant’s brief.
The references applied in rejecting the claims on appeal
are:
Foster, Jr. 4,485,805 Dec. 4,
1984
Balko et al. (Balko) 4,512,338 Apr. 23,
1985
Middleman et al. (Middleman) 5,231,989 Aug.
3, 1993
(filed Feb. 15,
1991)
Schetky, Shape-Memory Alloys, 20 Kirk-Othmer Encyclopedia of
1 At the oral hearing counsel for appellant pointed out
that the statement in the first paragraph on page 13 of the
brief, to the effect that appellant’s memory alloy element
does not require treatment to obtain SIM properties, is
incorrect.
2
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