Appeal 2007-0811
Application 10/128,997
With respect to radiopacity as found in claim 8, we agree with the
Examiner that radiopacity is universally utilized on devices of this type so
that fluoroscopy can be used to introduce these devices into their correct
locations. Thus, it is our conclusion that it would have been obvious to
provide radiopacity in the Warman device as taught by Stevens.
Turning to claim 11, Appellants argue that the steroid eluting contact
shown in Warman does not meet the claim language. As we understand it,
the disclosure of Warman is to a porous sintered electrode in which the
eluting substance is combined with the powdered metal and sintered
together. Thus, the eluting material comes from the pores in the sintered
body and the pores are substantially surrounded with the metal of the
electrode. Furthermore, Warman discloses the electrode as a substantially
bulbous member on the distal end of the catheter. Therefore, Warman
teaches a drug eluting member adjacent a conductor. Further, since the
conductor is on the bulbous, rounded end of the lead of Warman, it would
have been obvious to provide an eluting drug collar adjacent the tapered
portion of Warman as modified by Hine.
With respect to independent claims 12 and 23 we refer Appellants to
our Findings of Fact and our conclusions of obviousness made with respect
to claim 1.
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