Appeal No. 2002-0223 4
Application No. 09/410,162
It is the appellants’ position that, “[n]owhere in the disclosure of the ‘251 patent do
the patentees suggest or contemplate impregnating the articles of their invention.” See
Brief, page 3. We disagree.
Pinchuk is directed to a highly crosslinked silane treatment for reducing the
coefficient of friction of a surface. See column 1, lines 10-16 and column 2, lines 43-47.
The surface being treated is located on a shaped elastomeric article. See column 3,
lines 56-67. We find that the silanes may be applied to the surface by any suitable
application means. See column 3, lines 18-23. We find that the silanes are
crosslinkable and the invention includes the presence of a crosslinking agent. See
column 4, lines 16-33 and 66-67. We further find that the silanes form a crosslinked
silicone surface modification as well as, “a crosslinked interpenetrating network within
the substrate.” See column 5, lines 1-8. Significantly, we find that Example 7 is
directed to a urethral valve catheter equipped with a silicon balloon and vapor phase
treated with methyl triacetoxy silane which is the preferred silane of claim 55. The
balloon portion was cured at 150o C. Pinchuk states that, “[w]hen the balloon portion
was cut open, micro nodules of silane surface treatment were observed on the interior
surface of the balloon which was not directly contacted with the silane vapors. From
this observation, it was concluded that the silane treatment of the invention penetrated
the bulk of the balloon catheter substrate and was not only a surface coating.” See
Example 7, column 11, lines 8-21. Emphasis ours.
Impregnate is defined as “2 a : to cause to be filled, imbued, mixed, furnished,
saturated (as with particles of another substance). . . . b (1) to mix with :
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