Appeal 2007-1998
Application 09/997,829
The Examiner finds that Myers teaches a stent having a plurality of
lateral openings and at least one overlapping PTFE tape layer on the surface
of the stent (Answer 4). The Examiner recognizes, however, that Myers
“fail[s] to disclose a polymer incorporated with a therapeutic substance
disposed on the surface of the stent” (Answer 4-5). The Examiner relies on
Choi to make up for this deficiency in Myers.
According to the Examiner, Choi teaches an erodible polymer coating
that comprises a therapeutic agent (Answer 5). In addition, the Examiner
finds that Choi “teaches that implantable tubular devices can be coated or
layered with the polymer, col. 28, lines 6-8, 15-22” (id.). We disagree with
the Examiner’s finding. Choi teaches “[t]he polymers can be processed into
articles, including delivery devices and coated onto an agent . . .” (Choi, col.
28, ll. 6-8). As to being processed into delivery devices, Choi teaches that
the polymers “can be made into devices of various geometric shapes, for
example flat, square, round, tubular, disc, ring, and the like” (Choi, col. 28,
ll. 15-19). Thus, as Choi makes clear, the polymer itself is molded into the
various shapes not coated onto other devices that have this shape (Br. 4). As
to coating the polymer onto an agent, Choi teaches that “[t]he polymers
prepared according to the invention, are useful for coating numerous agents
such as for providing slow release fertilizers” (Choi, col. 31, ll. 15-17). At
best, Choi teaches a device to aid in the healing of injuries (Choi, col. 33, ll.
59-64; Fig. 7). However, as Choi describes, this device is useful for
administering drug to the skin, mucosa or an exposed wound (Choi, col. 33,
ll. 67-68).
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