Appeal No. 2006-2037 Page 7
Application No. 10/414,938
tube’s composition reveals that it is composed of several layers, which from the
inside (lumen surface) to the outside (vessel surface) are:
1. a porous layer 20;
2. a first bioactive layer 18, or no bioactive layer 18 if a first
bioactive layer 18 is present on the other surface of the device;
3. an optional coating layer 16;
4. a base material 14;
5. an optional coating layer 16;
6. a first bioactive layer 18, or no bioactive layer 18 if a first
bioactive layer 18 is present on the other surface of the device;
7. a porous layer 20.
There is no doubt that Ragheb’s device can read on a tube. Cf. Answer,
page 6. It is true that a tube generally has “a main body having a first end, a
second end and a length extending from the first end to the second end. . . .” Id.
It is also true that a tube is generally regarded as having a lumen extending
between the first and second ends. Cf. Answer, page 7.
However, we disagree with the examiner’s assertion that Ragheb
discloses “a first section that is disposed ‘proximal to the first end of the main
body’ . . .” as required by appellants’ claimed invention. Id. We also disagree
with the examiner’s assertion that Ragheb discloses a second section “disposed
‘proximal the second end of the main body . . .’” as required by appellants’
claimed invention. To the contrary, Ragheb, at best, discloses two sections on
either side (e.g., lumen surface and vessel surface) of the tube’s base
material 14.
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