Appeal 2007-2557
Application 10/094,866
combination of Ley, Hojeibane, and Dinh teach the stent of claim 8. The
combination of Ley, Hojeibane, and Dinh does not teach a stent wherein the
outer surface of the continuous strand of material comprises cavities that
area at least partially filled with a composition containing a medicinal agent.
However, Ndondo-Lay makes up for this deficiency in the combination of
Ley, Hojeibane, and Dinh.
Ndondo-Lay teaches a stent comprising a plurality of cavities, e.g.,
small holes or craters that are pre-filled with a biologically active agent prior
to placement on the stent in the patient (Ndondo-Lay, col. 7, ll. 30-38).
According to Ndondo-Lay, once the stent is placed in a patient, the
biologically active agent will be released from the stent at the site of
placement, thereby having its greatest effects directly at the desired location,
without prior dilution throughout the body of the patient (Ndondo-Lay, col.
7, ll. 38-43).
Based on the foregoing, it is my opinion that it would have been prima
facie obvious to a person of ordinary skill in the art at the time the invention
was made to modify the stent taught by the combination of Ley, Hojeibane,
and Dinh to include small holes or craters that are at least partially filled
with a biologically active agent, e.g., a medicament, that will benefit the
patient upon release from the stent.
Accordingly, it is my opinion that the stent set forth in claim 10 is
prima facie obvious under 35 U.S.C. § 103(a) over the combination of Ley,
Hojeibane, Dinh, and Ndondo-Lay.
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