Appeal No. 1999-2816 Page 2
Application No. 08/064,052
Claim 77 is illustrative of the subject matter on appeal and is reproduced
below:
77. A process for increasing the lubricity and reducing the
thrombogenicity of a body tissue contacting surface of a single-use
disposable device in which a portion of the surface of the device
which is inserted into the body and contacts body tissue is
subjected to the steps of:
a) coating of the portion with a solution of a fatty acid diester of
phosphatidyl choline in an organic solvent; and
b) removing the organic solvent to form a coating of the fatty acid
diester of phosphatidyl choline physically adsorbed and retained
on the portion by hydrophobic interaction,
whereby the lubricity of the portion is increased and the
thrombogenicity of the portion is decreased compared to an
uncoated device.
The reference relied upon by the examiner is:
Bird et al. (Bird) “Material Thrombelastography: an Assessment of Phosphoryl
Choline Compounds as Models for Biomaterials,” Thrombosis Research,
Vol. 51, pp. 471-483 (1988)
GROUND OF REJECTION
Claims 77, 79-81, 83-86, 88 and 89 stand rejected under 35 U.S.C. § 103
as being unpatentable over Bird.
We reverse.
DISCUSSION
According to the examiner (Answer, page 4) Bird teaches “coating a
piston and cuvette with a solution … of dipalmitoylphosphatidylcholine in ethanol
and evaporating to dryness under a stream of nitrogen.” The examiner notes
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