Appeal No. 1999-2649
Application 08/483,291
Chemical Technology 726-736 (3d Ed. 1982).2
The appealed claims stand finally rejected on the
following grounds:
(1) Claims 21, 23, 25 to 31, 34 to 38, 40 to 42 and 44 to 46,
unpatentable over Balko in view of Kirk-Othmer and Foster,
under 35 U.S.C. § 103(a).
(2) Claims 21 and 23, unpatentable for obviousness-type
double pantenting over claims 1 and 2 of Middleman.
(3) Claims 21 and 23, unpatentable over Middleman under either
35 U.S.C. § 102(e) or 103(a).
Rejection (1)
Balko discloses a medical device in which an element such
as wire element 24 or 34 is carried within a sheath 20 or 36,
and is released from the sheath at a desired position in a
vessel 16, 30 or other body channel. The element is made of
an SMA, such as Nitinol, which has a martensite transformation
2The examiner incorrectly refers to this reference as
“Seader”, which is the name of the author of a preceding
entry. We will refer to it in this decision as “Kirk-Othmer.”
3
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