Appeal No. 2007-0917 Page 5
Application No. 10/012,919
member5 having a wall thickness 6 of 120 μm. Id. Accordingly, we understand
Ishiwari to teach an extrusion method which uses either PTFE or modified PTFE
together with a lubricant and an extruder having a specified nozzle diameter
ratio. In our opinion, that Ishiwari exemplifies the use of modified PTFE rather
than PTFE does not detract from Ishiwari’s teaching that either could be used, as
recognized by appellants. Brief, page 9.
We find no evidence on this record that demonstrates that extruding PTFE
according to the methodology set forth in Ishiwari (including the required nozzle
diameter ratio) will not result in a tubular member having a wall thickness of less
than 250 microns. Accordingly, we affirm the rejection of claim 23 under
35 U.S.C. § 102(b) as anticipated by Ishiwari. Claims 25, 26, 36 and 38-40 fall
together with claim 23.
The combination of Ishiwari and any one of Tu, Akasu or Fukasawa:
Claims 23, 25, 26, 36, and 38-40 stand rejected under 35 U.S.C. § 103 as
being unpatentable over the combination of Ishiwari and any one of Tu, Akasu or
Fukasawa. As we understand this rejection, the examiner relies on Ishiwari as
set forth above, but notes that Ishiwari does not teach “the use of the material for
a ‘prosthesis’,” the intended use of the product produced by appellants’ claimed
5 Specifically, Ishiwari teaches that the extruded product is “an unsintered PTFE hollow yarn
having a wall thickness of 0.12 mm.” Ishiwari, page 4. According to Ishiwari, a “hollow yarn
means a yarn having a bore along the axis of the yarn. . . .” Appellants do not dispute that
Ishiwari’s hollow yarn is a tubular member. Accordingly, we find that appellants have conceded
that Ishiwari’s hollow yarn is a tubular member within the scope of their claimed invention.
6 Appellants do not dispute that Ishiwari’s wall thickness is defined between the inner and outer
surfaces. Accordingly, we find that appellants have conceded that Ishiwari’s wall thickness is
defined between the inner and outer surfaces.
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: September 9, 2013