Appeal No. 2001-0599 Page 3
Application No. 08/555,198
See page 6. The specification states that “‘antiseptics’ as used in the present
invention means any of a category of antimicrobial substances that inhibits the
action of microorganisms, including but not limited to chlorhexidine,
methylisothiazolone, thymol, α-terpineol, cetylpyridinium chloride, and
chloroxylenol.” Page 8.
Discussion
The examiner rejected some of the claims as anticipated by either
Sakamoto or Lee, and rejected all of the claims as obvious in view of Kitrilakis,
Dangman and Goldberg. Appellants have stated that all of the claims subject to
each rejection stand or fall together. Appeal Brief, page 5. Since claim 23 is the
broadest claim subject to each rejection, all of the claims in each rejection stand
or fall with claim 23. Claim 23 is directed to an implantable medical device which
is coated on one or more surface(s) with a combination of antiseptics in a
concentration effective to inhibit growth of bacteria and fungi.
1. Anticipation
The examiner rejected claims 23-26, 30, and 35-37 under 35 U.S.C.
§ 102(b) as anticipated by Sakamoto. Sakamoto discloses a
urethral catheter capable of preventing urinary tract infection which
[is] . . . comprised of a material selected from the group consisting
of an olefin polymer, a diene polymer or a silicone polymer as the
base material, and an antimicrobial substance being chemically
bonded with the inside and/or outside walls of the urethral catheter.
Column 3, lines 14-24. Sakamoto states that “antimicrobial substance . . . means
antibiotics, antiseptics and disinfectants.” Column 3, lines 59-61. Sakamoto
provides a list of exemplary antibiotics, and states that “[a]s the antiseptics and
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