The opinion in support of the decision being entered
today was not written for publication and is not binding
precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
Ex parte JAMES J. BARRY
and MARIA PALASIS
______________
Appeal No. 2004-2035
Application 09/978,763
_______________
ON BRIEF
_______________
Before WARREN, KRATZ and PAWLIKOWSKI, Administrative Patent Judges.
WARREN, Administrative Patent Judge.
Decision on Appeal
This is an appeal under 35 U.S.C. § 134 from the decision of the examiner finally
rejecting claims 75 through 78 and 80 through 95, all of the claims in the application.
Claim 75 illustrates appellants’ invention of a patterned stent coated with a polyvinyl
aromatic polymer coating containing a substantially water-insoluble drug wherein the drug is
released over a time frame of at least about seven days in an amount sufficient to prevent or
inhibit undesired cellular proliferations, and is representative of the claims on appeal:
75. A patterned stent for delivering a substantially water-insoluble drug at a desired
location within a body, comprising
a polyvinyl aromatic polymer coating containing the substantially water-insoluble drug
provided on at least a portion of said patterned stent, wherein the substantially water-insoluble
drug is released over a time frame sufficient to thereby prevent or inhibit undesired cellular
proliferations, wherein the time frame is at least about seven days.
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