Appeal No. 2007-0917 Page 3
Application No. 10/012,919
DISCUSSION
Claim Construction:
Independent claim 23 is drawn to a process.1 The process comprises a
single extruding step to form a tubular member having a wall with an inner
surface and an outer surface. The claim places two requirements on the
extrudate:
1. The extrudate consists of a lubricant and PTFE
(polytetrafluoroethylene2); and
2. The extrudate has a thickness defined between the inner and
outer sufaces in the range of about 250 μm or less at the exit of an
extruder die used in the extruding.
Ishiwari:
Claims 23, 25, 26, 36, and 38-40 stand rejected under 35 U.S.C. § 102(b)
as anticipated by Ishiwari. The examiner finds that Ishiwari suggests
that it was known at the time the invention was made to extrude
PTFE to form a tubular member having a wall with an inner surface
and an outer surface, a thickness being defined between the inner
and outer surfaces in the range of 250 microns or less at the exit of
the extruder die used in the past[] extrusion operation, see page 2,
lines 53-page 3, line 2, page 3, line 55-page 4, line 4.
Answer, page 4.
Ishiwari teach that PTFE powder refers to both polytetrafluoroethylene and
modified PTFE powder composed of “copolymers of tetrafluoroethylene with 2%
by weight or less of at least one copolymerizable comonomer such as
1 According to claim 23, the process is “for forming a prosthesis.” However, as the examiner
correctly finds (Answer, page 5), the phrase “for forming a prosthesis” is directed at the intended
use of the tubular member and therefore is not a limitation on the claimed process of making a
tubular member. Cite.
2 See Appellants’ specification, page 1.
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