Appeal No. 2006-2037 Page 10
Application No. 10/414,938
lines 3-5. In addition, “[a] diffusion barrier layer 28 is disposed on surface 22 of
stent 20 covering cavities 24.” Pacetti, column 18, lines 5-7. The “[d]iffusion
barrier layer 28 contains particles 30 for reducing the rate of release of active
ingredient 26.”
In response appellants assert that “Pacetti does not teach or suggest the
very specific and sequential arrangement of agents as specified in claim 1.”
Brief, page 7. We agree. As discussed above, appellants’ device comprises
three parts, which define separate sections located at different ends of the
device.6 Contrary to the examiner’s assertion7 (Answer, page 4), we find not
teaching in Pacetti that describes a device with the arrangement of parts set forth
in appellants’ claimed invention. While we agree with the examiner in that the
devices described by appellants and Pacetti can be tubes, we find no evidence in
Pacetti and the examiner failed to identify any specific teaching in Pacetti that
describes a device that is the same as those required by appellants’ claimed
invention.
“Under 35 U.S.C. § 102, every limitation of a claim must identically appear
in a single prior art reference for it to anticipate the claim.” Gechter v. Davidson,
116 F.3d 1454, 1457, 43 USPQ2d 1030, 1032 (Fed. Cir. 1997). As discussed
above, Ragheb does not describe appellants’ invention. Accordingly, we reverse
6 We disagree with the examiner that “there is nothing in applicant’s claim 1 that teaches or
suggests a very specific and sequential arrangement of agents.” Answer, page 3. The examiner
has not explained how the claim can be constructed to avoid the defined spatial relationship of
different sections at different ends of the device as set forth in appellants’ claimed invention.
Accordingly, we are not persuaded by the examiner’s assertion.
7 According to the examiner (Answer, page 4), appellants’ device and Pacetti’s device appear to
be identical in structure.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: September 9, 2013