Appeal 2007-1451
Application 09/970,146
1 We AFFIRM-IN-PART and ENTER A NEW GROUND OF REJECTION
2 UNDER 37 C.F.R. § 41.50(b).
3 The Appellants invented a medical device that is controllable from an outside
4 source, without having to implement invasive procedures, or without having to rely
5 exclusively on additional instruments such as stylets. In addition, the stiffness of
6 the medical device can also be modified at different portions and at different time
7 periods which allows for the resistance of movement of the device in response to,
8 for example, a beating heart (Specification 6:19-24). An understanding of the
9 invention can be derived from a reading of exemplary claim 1, which is reproduced
10 below.
11 1. A medical device comprising:
12 a device body extending from a proximal end to a distal end;
13 at least one electrode coupled with the device body, where the at least
14 one electrode is configured to transmit and receive electrical signals to
15 and from tissue; and
16 a rheometric material electrically coupled with the at least one
17 electrode, the rheometric material contracts and/or stiffens when
18 electrical current is applied thereto.
19
20 This appeal arises from the Examiner’s Final Rejection, mailed October 5,
21 2005. The Appellants filed an Appeal Brief in support of the appeal on April 20,
22 2006, and the Examiner mailed an Examiner’s Answer to the Appeal Brief on July
23 13, 2006. A Reply Brief was filed on September 13, 2006.
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