Appeal 2007-2812
Application 10/337,236
impose any specific structure1 on the guidewire as long as it capable of
being navigated through a blood vessel.
According to the Specification, the “magnetically responsive
element . . . can include a permanent magnetic material or a permeable
magnetic material” (Spec. 3: [0017]. An example of the permanent
magnetic material is disclosed to be neodymium-iron-boron (Spec. 5:
[0022]). A “magnetic material” has the properties of a magnet or capable of
being attracted by a magnet.2 Thus, we interpret the phrase “magnetically
responsive element” to mean an element which comprises a magnet or a
material capable of being attracted by a magnet.
FINDINGS OF FACT
Anderson
1. Anderson describes an endotracheal tube control device which acts as a
guide for inserting an endotracheal tube into the throat of a patient
(Anderson, Abstract).
2. The device is a stylet 23 which comprises a main body 25 and a magnet
27 at its distal end (Anderson, at col. 5, l. 23 to col. 6, l. 21 and Figs. 1-2).
3. “The main body 25 of the stylet is comprised of a coiled spring”
(Anderson, at col. 6, ll. 5-7 and Fig. 2).
4. A magnet 27 is secured to the distal end of the main body 25 (Anderson,
at col. 6, ll. 10-11 and Fig. 2).
1 The Specification describes the relationship between the deflection angle
of the wire and the wire characteristics, the magnetically response element,
and the external magnetic field (Spec. 6: [0027]), but does not state that they
must possess any specific value.
2 The Random House Dictionary 805 (1982).
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