Appeal No. 1998-2813
Application No. 08/463,203
Appellants' invention relates to a medical device for tissue
regeneration formed using a solid free-form fabrication method.
Examples of such methods are set forth on page 4 of the
specification, where it is additionally noted that three
dimensional printing (hereinafter 3D-printing) is the preferred
method for creating appellants' medical devices. Appellants'
devices are constructed to include a matrix of successive layers
of biocompatible polymeric material having interconnected pores
extending throughout the matrix suitable for seeding or ingrowth
of cells. Claims 19 and 21 are representative of the subject
matter on appeal and a copy of those claims, as they appear in
Appendix I of appellants' brief, is attached to this decision.
The single prior art reference relied upon by the examiner
in rejecting the appealed claims is:
Fink et al. (Fink) 5,370,692 Dec. 6, 1994
(filed Aug. 14, 1992)
Claims 19, 31, 32/19 and 36/19 stand rejected under
35 U.S.C. § 102(e) as being clearly anticipated by Fink.
Claims 20, 22/20, 29, 30 and 33 through 35 stand rejected
under 35 U.S.C. § 102(e) as being anticipated by Fink or, in the
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