Ex Parte Paul et al - Page 4


                 Appeal No.  2006-2037                                                          Page 4                  
                 Application No.  10/414,938                                                                            
                        The first section 24 is proximal to the first end 20 of the main body 12 and                    
                 has a first therapeutic agent 28.  The first therapeutic agent 28 comprises one or                     
                 more members selected from the group consisting of antiproliferatives,                                 
                 anticoagulants, antithrombotics, thrombolytics, and fibrinolytics.                                     
                        The second section 26 is proximal the second end 22 of the main body 12                         
                 and has a second therapeutic agent 30.  The second therapeutic agent 30                                
                 comprises an antimicrobial.                                                                            


                 Anticipation:                                                                                          
                        Ragheb:                                                                                         
                        Claims 1, 2, 15, 18, and 20-24 stand rejected under 35 U.S.C. § 102(b) as                       
                 anticipated by Ragheb.  The examiner directs attention to the Final Rejection,                         
                 mailed March 31, 2005, for a statement of the rejection.  Given its brevity, we                        
                 reproduce the statement of the rejection in its entirety below:                                        
                               Ragheb discloses a medical device comprising: a main body                                
                        having a first end, a second end, and a length extending from the                               
                        first end to the second end (12); a first section along the length                              
                        having a first therapeutic agent (figs. 1-5); a second section along                            
                        the length having a second therapeutic agent (figs. 1-5); as to                                 
                        claim 2, (col. 6); as to claim 15, (see claim 2); as to claims 18 and                           
                        20-24, (figs. 1-5).                                                                             
                 Final Rejection, page 3.                                                                               
                        Ragheb is directed to a medical device with drugs or bioactive agents                           
                 incorporated onto it.  Ragheb, column 1, lines 10-12.  Ragheb discloses that it                        
                 has become common practice to “treat a variety of medical conditions by                                
                 introducing an implantable medical device partly or completely into” the patient,                      






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