Appeal 2007-1451
Application 09/970,146
1 The Appellants contend that Maseda does not describe at least one electrode
2 coupled with the device body, where the at least one electrode is configured to
3 transmit and receive electrical signals to and from tissue (Br. 17-19). The
4 Appellants are not particularly clear on the difference between the claim and the
5 Examiner’s characterization of Maseda, but their contention appears to focus on
6 the lack of the claimed configuration so as to transmit and receive such signals.
7 This focus is particularly clear in their contention of the lack of an inherent
8 capacity in the electrode disclosed in Maseda to transmit and receive such signals
9 (Br. 20).
10 With regard to the obviousness rejection over Lieber and Maseda, the
11 Examiner finds that Lieber discloses a medical device comprising an elongate
12 device body and at least one electrode 35 coupled thereto for stimulating and
13 sensing. The Examiner finds that Lieber does not disclose the use of an assembly
14 coupled with the device body including a rheometric material that contracts and/or
15 stiffens when electrical current is applied thereto. To overcome this deficiency, the
16 Examiner finds that Maseda teaches that the use of such an assembly on a wide
17 range of medical devices including the type disclosed by Lieber is advantageous
18 from the standpoint of increasing flexibility and steerability of the catheter as it is
19 introduced into the body. The Examiner concludes that it would have been obvious
20 to a person of ordinary skill in the art to have combined Maseda’s rheometric
21 material in Lieber’s device because increased maneuverability through the tortuous
22 vasculature system, high precision, and ease of placement, being very important
23 design considerations for the medical artisan, make the incorporation of the
24 Maseda assembly and related control system on the medical device of Lieber an
25 obvious choice. (Answer 4).
4
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: September 9, 2013