Appeal No. 1999-2649
Application 08/483,291
Balko would exhibit some SIM properties, these limitations
would not be met because Balko does not teach transformation
without a change in temperature, but rather, Balko’s entire
disclosure is directed toward using an alloy which will
transform when the temperature rises from below body
temperature to body temperature (or when otherwise heated, see
col. 5, lines 57 to 67).
Accordingly, rejection (1) will not be sustained.
Rejection (2)
The examiner asserts that claims 21 and 23 are obvious
over claims 1 and 2 of the commonly-assigned Middleman
patent. According to the examiner, the “elongated tube” of4
patent claim 1 corresponds to the “hollow placement device” of
claim 21, “elastic member” of patent claim 1 to the “memory
alloy element” of claim 21, and the “straightening means” of
patent claim 1 to the “guide wire” of claim 21.
Appellant argues that this rejection should be reversed
4 Our understanding is that the Middleman patent and the
present application are both currently assigned to Medtronic,
Inc.
8
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007