Appeal No. 2001-2004 Page 10
Application No. 08/956,715
an energy level of 20 to 30 dynes per centimeter, but does not require that there be an
interface layer.
On the basis of the foregoing reasoning, it is our conclusion that the teachings of
Bosley fail to establish a prima facie case of obviousness with regard to the subject
matter recited in claim 1, and we will not sustain the rejection of claim 1 or of claims 2
and 3, which depend therefrom.
(3)
Claims 1 and 2 also stand rejected as being unpatentable over Scales in view of
Bosley. It is the examiner’s view in this rejection that Scales discloses surgical implants
having a silver coating, and it would have been obvious in view of Bosley to provide the
silver coating with a surface energy level of 20 to 30 dynes per centimeter.
Scales’ objective is to render surgical implants antimicrobial by coating them with
silver so as to provide a sustained release of silver ions in a concentration sufficient to
provide a localized antimicrobial effect, but insufficient to cause significant damage to
connective tissue (Abstract). Scales does not voice concern for the acoustic
characteristics of the device or the formation of thrombus thereon. As we explained
above, we do not agree with the examiner that Bosley would have taught one of
ordinary skill in the art to provide the outer silver coating of an implant with a surface
energy level of 20 to 30 dynes per centimeter and therefore Scales and Bosley, even if
combined, would fail to meet the terms of the claim. Moreover, the examiner has not
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