Ex Parte Paul et al - Page 6


                 Appeal No.  2006-2037                                                          Page 6                  
                 Application No.  10/414,938                                                                            
                 lines 35-39.  The structure 12 is composed of a base material 14 suitable for the                      
                 intended use of the structure 12.  Ragheb, column 7, lines 15-16.  At least one                        
                 layer 18 of a bioactive material is posited on one surface of the structure 12.                        
                 Ragheb, column 7, lines 62-65.  According to Ragheb, the other surface of the                          
                 structure 12 “will either contain no bioactive material or one or more different                       
                 bioactive materials.”  Ragheb, column 7, line 65 – column 8, line 1.  Ragheb                           
                 discloses that this configuration allows for the delivery of one or more bioactive                     
                 materials or drugs to the blood stream from the lumen surface of the stent, while                      
                 a different treatment is delivered on the vessel surface of the stent.  Ragheb,                        
                 column 8, lines 1-5.  In addition, Ragheb discloses that the device 10 “also                           
                 comprises at least one porous layer 20 posited over the layer 18 of bioactive                          
                 material and the bioactive-material-free surface.”  Ragheb, column 10,                                 
                 lines 34-37.  According to Ragheb, “[t]he purpose of the porous layer 20 is to                         
                 provide a controlled release of the bioactive material when the device 10 is                           
                 positioned in the vascular system of a patient.”  Ragheb, column 10, lines 37-41.                      
                 Ragheb discloses that the device 10 “can further comprise at least one additional                      
                 coating layer 16 posited between the structure 12 and the at least one layer 18 of                     
                 bioactive material.”  Ragheb, column 11, lines 5-8.                                                    
                        Therefore, Ragheb discloses a device 10 (for simplicity, a tube  3) that has                    
                 a particular structure 12.  As illustrated in Figure 1, a cross-sectional view of the                  




                                                                                                                        
                 3 According to the examiner, many of Ragheb’s “devices are nothing more than mere tubes.”              
                 Answer, page 6.                                                                                        




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