Ex Parte Paul et al - Page 9


                 Appeal No.  2006-2037                                                          Page 9                  
                 Application No.  10/414,938                                                                            
                        According to the examiner “Pacetti discloses a medical device comprising:                       
                 a main body having a first end, a second end, and lumen extending                                      
                 there[ ]between . . .; a first section proximal the first end of said main body and a                  
                 second section having proximal the second end of said main body. . . .”  Final                         
                 Rejection, page 2.  The examiner finds that Pacetti teaches that the first section                     
                 has a “first therapeutic agent comprising one or more members selected from the                        
                 group consisting of antiproliferatives . . ., anticoagulants, antithrombotics,                         
                 thcombolytics, and fibrinolytics. . . .”  Id.  In addition, the examiner finds that                    
                 Pacetti teaches that the second section has a “second therapeutic agent                                
                 comprising an antimicrobial. . . .”  Id.  According to the examiner, Pacetti’s device                  
                 is fully capable of being positioned in the manner required by appellants’ claimed                     
                 invention.                                                                                             
                        Pacetti is directed to “a coating disposed on an implantable device, . . .                      
                 [e.g.,] a stent, for inhibiting the release rate of an active ingredient carried by the                
                 device.”  Pacetti, column 1, lines 7-12.  For clarity, we reproduce Figure 2A 5.                       







                        Pacetti discloses a stent 20 having a surface 22.   Pacetti, column 18,                         
                 lines 2-3.  Pacetti’s “[s]tent 20 includes cavities or micro-pores 24 formed in the                    
                 body for releasably containing an active ingredient 26 . . . .”  Pacetti, column 18,                   
                                                                                                                        
                 5 Figure 2A illustrates a diffusion barrier layer deposited over a stent in accordance with one        
                 embodiment of Pacetti’s invention.  Pacetti, column 4, lines 12-14.                                    





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