Ex Parte BATES et al - Page 3




              Appeal No. 2001-2004                                                                  Page 3                
              Application No. 08/956,715                                                                                  


                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                        
              the appellants regarding the above-noted rejections, we make reference to the Answer                        
              (Paper No. 22) and the final rejection (Paper No. 12) for the examiner's complete                           
              reasoning in support of the rejections, and to the Brief (Paper No. 19) for the appellants’                 
              arguments thereagainst.                                                                                     
                                                       OPINION                                                            
                     In reaching our decision in this appeal, we have given careful consideration to                      
              the appellants’ specification and claims, to the applied prior art references, and to the                   
              respective positions articulated by the appellants and the examiner.  As a consequence                      
              of our review, we make the determinations which follow.                                                     
                     The appellants’ invention relates generally to implantable medical devices, and                      
              more particularly to including silver coatings on such devices  to prevent clot formation                   
              or thrombosis at the site where the devices are installed, thereby precluding stenosis or                   
              occlusion (Specification, pages 1 and 2).                                                                   
                                                        Claim 1                                                           
                     An implantable medical device, comprising:                                                           
                            a structure adapted for introduction into a patient, the structure                            
                     being comprised of a base material and a layer of elemental silver having                            
                     a uniform thickness posited on said base material, the elemental silver                              
                     layer further having a specific surface energy density of about 20 to 30                             
                     dyne[s] per centimeter.                                                                              
                                                           (1)                                                            








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