Appeal No. 2006-2037 Page 2
Application No. 10/414,938
Accordingly, claims 1-4, 6-11, 15-18, and 20-24 are before us on appeal.
Claim 1 is illustrative of the subject matter on appeal and is reproduced below:
1. A medical device for at least partial implantation, comprising:
a main body having a first end, a second end, and a lumen
extending therebetween,
a first section proximal the first end of said main body and
having a first therapeutic agent, said first therapeutic agent comprising
one or more members selected from the group consisting of
antiproliferatives, anticoagulants, antithrombotics, thrombolytics, and
fibrinolytics; and
a second section proximal the second end of said main body
and having a second therapeutic agent, said second therapeutic agent
comprising an antimicrobial;
said main body having a length such that when said device is at
least partially implanted said first end accesses a body vessel and at
least a portion of said second section is disposed within a
subcutaneous space of a patient.
The references relied upon by the examiner are:
Ragheb et al. (Ragheb) 6,299,604 Oct. 9, 2001
Pacetti et al. (Pacetti) 6,663,662 Dec. 16, 2003
(102(e) date Dec. 28, 2000)
GROUNDS OF REJECTION
Claims 1, 2, 15, 18, and 20-24 stand rejected under 35 U.S.C. § 102(b) as
anticipated by Ragheb.
Claims 1, 3, 4, 6, 7, 10, 11, 15, 16, and 20-24 1 stand rejected under
35 U.S.C. § 102(e) as anticipated by Pacetti.
Claims 8, 9, and 18 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Pacetti.
We reverse.
1 The examiner included claim 5 in this rejection. However, as appellants emphasize (Reply
Brief, page 2), claim 5 was previously cancelled.
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