Ex Parte Reuter et al - Page 9

                Appeal 2006-3319                                                                                 
                Application 10/366,585                                                                           
                invention was made to a person having ordinary skill in the art to which said                    
                subject matter pertains.'"  KSR Int'l Co. v. Teleflex Inc., 127 S.Ct. 1727,                      
                1734, 82 USPQ2d 1385, 1391 (2007).  The question of obviousness is                               
                resolved on the basis of underlying factual determinations including (1) the                     
                scope and content of the prior art, (2) any differences between the claimed                      
                subject matter and the prior art, (3) the level of ordinary skill in the art, and                
                (4) where in evidence, so-called secondary considerations.  Graham v. John                       
                Deere Co., 383 U.S. 1, 17-18, 148 USPQ 459, 467 (1966).  See also KSR,                           
                127 S.Ct. at 1734, 82 USPQ2d at 1391 ("While the sequence of these                               
                questions might be reordered in any particular case, the [Graham] factors                        
                continue to define the inquiry that controls.")                                                  
                       Cohn, as discussed above, discloses a method for implanting a mitral                      
                valve cinching device that differs from the methods recited in claims 15 and                     
                16 only in that Cohn does not disclose a step of assessing arterial perfusion                    
                of the heart including the step of detecting for myocardial ischemia or a                        
                chemical marker of ischemia.  Bardy discloses a method and system for                            
                diagnosing and monitoring for myocardial ischemia by, for example,                               
                detecting chemical markers of ischemia.                                                          
                       The level of ordinary skill in the art in this case is high.  A person of                 
                ordinary skill in the art is a cardiac surgeon, who is familiar with the risks                   
                and complications involved with any cardiac procedure and with the                               
                techniques for monitoring for such risks.                                                        
                       "A person of ordinary skill is also a person of ordinary creativity, not                  
                an automaton."  KSR Int’l. Co. v. Teleflex Inc., 127 S.Ct. at 1742, 82                           
                USPQ2d at 1397.                                                                                  



                                                       9                                                         

Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: September 9, 2013