Appeal No. 2003-1337
Serial No. 08/480,411
thermoplastic material that saturates Waddell’s braid to be the
appellants’ medial layer (answer, page 6). This thermoplastic
material, however, saturates the entire braid layer and,
therefore, serves as the matrix layer for the entire braid.
Thus, there is no remainder of the braid for which the outer
thermoplastic layer can function as the braid matrix layer. For
this additional reason Waddell does not anticipate the microtube
claimed in the appellants’ claim 1.
We therefore reverse the rejection under 35 U.S.C. § 102(b)
over Waddell of claim 1 and claim 3 which depend therefrom.
Claim 32
Waddell fails to anticipate the microtube claimed in the
appellants’ claim 32 because this claim requires cured resin
layers whereas, as discussed above regarding the rejection of
claim 1, Waddell’s layers are thermoplastic.
Accordingly, we reverse the rejection of claim 32 under
35 U.S.C. § 102(b) over Waddell.
Rejection of claims 1-7, 9-13 and 27-37
under 35 U.S.C. § 103 over Waddell in view of Pray
Claims 27 and 28
As discussed above regarding the rejection under 35 U.S.C.
§ 102(b), the microtube claimed in the appellants’ claim 27 is
anticipated by Waddell. For this reason and because anticipation
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