Appeal 2007-1998
Application 09/997,829
INTRODUCTION
The claims are directed to an implantable drug eluting device. Claim
103 is illustrative:
103. An implantable drug eluting device that has a compressed
undeployed diameter and an expanded deployed diameter, the device
comprising:
a radially expandable stent comprising a generally cylindrical wall
surface and having a hollow bore extending longitudinally therethrough,
wherein the generally cylindrical wall surface comprises a plurality of lateral
openings in the wall surface;
a coating comprising a polymer and a therapeutic substance disposed
on the wall surface of the stent; and
a tubular outer layer comprising expanded, sintered PTFE tape wound
about the outer surface of said stent.
The Examiner relies on the following prior art references to show
unpatentability:
Choi US 4,131,648 Dec. 26, 1978
Myers US 5,700,285 Dec. 23, 1997
Banas US 5,749,880 May 12, 1998
Wijay US 6,053,940 Apr. 25, 2000
Becker US 6,117,165 Sept. 12, 2000
Michal US 6,287,285 B1 Sept. 11, 2001
The rejections as presented by the Examiner are as follows:
1. Claims 103-105, 107, and 113-117 stand rejected under 35 U.S.C. §
103(a) as unpatentable over the combination of Myer and Choi.
2
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