Παγε 4
Appeal No. 2005-2621
Application No. 08/968,756
superelastic shape memory alloy that has a non-linear elastic range and exhibits stress-
induced martensite properties at about a mammalian body temperature upon insertion
in the body with a catheter in a straightened shape. The examiner concludes that it
would have been obvious to use the Jervis material in the Horzewski device.
The appellant argues that Horzewski does not describe a alloy wall containing
apertures or a constraining housing.
We do not agree.
Horzewski describes, as depicted in Figure 2, a delivery element in the form of
catheter 102 which has a wall defining a fluid passage extending between the proximal
portion and the distal portion and a plurality of apertures 114 at the distal portion which
are in fluid communication with the fluid passage (col. 7, lines 8 to 14, lines 30 to 44).
The wall of the catheter 102 which defines the fluid passage is made of a superelastic
shape memory alloy ( col. 7, lines 45 to 47). A housing 150, depicted in Figure 8, has a
first position with the distal end of the catheter 102 disposed within the housing 150 in
its first shape and a second position in which the catheter 102 is exterior to the housing
and in a second shape. The housing 150 has sufficient strength to constrain the distal
end of the catheter 102 in the first shape (col. 7, line 54 to col. 8, line 4).
As such, Horzewski discloses both a delivery element made of superelastic alloy
with apertures therein and a housing 150 that constrains the catheter 102 when it is in
its first shape. While appellant is correct that wire 122, which is also comprised of
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007