Ex Parte Molony

Patent Trial and Appeal Board

Mar 15, 2016

13155532 (P.T.A.B. Mar. 15, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR
13/155,532 06/08/2011 Noreen Molony
28390 7590 03/17/2016
MEDTRONIC VASCULAR, INC
IP LEGAL DEPARTMENT
3576 UNOCAL PLACE
SANTA ROSA, CA 95403
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
P0022991.USV7 3224
EXAMINER
LOPEZ, LESLIE ANN
ART UNIT PAPER NUMBER
3774
NOTIFICATION DATE DELIVERY MODE
03/17/2016 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address( es):
rs.vasciplegal@medtronic.com
medtronic_cv_docketing@cardinal-ip.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte NOREEN MOLONY
Appeal2014-002385
Application 13/155,532
Technology Center 3700
Before LYNNE H. BROWNE, MICHELLE R. OSINSKI, and
MARK A. GEIER, Administrative Patent Judges.
OSINSKI, Administrative Patent Judge.
DECISION ON APPEAL
STATEivIENT OF THE CASE
Noreen Molony (Appellant) 1 appeals under 35 U.S.C. § 134 from the
Examiner's final decision rejecting claims 13-19 and 22-24 under 35 U.S.C.
§ 102(b) as anticipated by Hyodoh (US 6,409,750 Bl, iss. June 25, 2002).
Final Act. 4--8. We have jurisdiction under 35 U.S.C. § 6(b ).
We REVERSE.
1 According to Appellant, the real party in interest is Medtronic Vascular,
Inc. Br. 2.
Appeal2014-002385
Application 13/155,532
THE CLAIMED SUBJECT MATTER
Claim 22, the sole independent claim on appeal, is reproduced below
and is representative of the claimed subject matter on appeal.
22. A bifurcated stent comprising:
a trunk portion including a continuous wire forming a
cylindrical body, wherein the continuous wire is formed into a
zig-zag pattern around a circumference of the cylindrical body;
a first branch coupled to the trunk portion and including a
second continuous wire forming a first branch cylindrical body,
wherein the second continuous wire is formed into a zig-zag
pattern around a circumference of the first branch cylindrical
body; and
a second branch coupled to the trunk portion and including
a third continuous wire forming a second branch cylindrical
body, wherein the third continuous wire is formed into a zig-zag
pattern around a circumference of the second branch cylindrical
body;
wherein the stent includes a radially contracted
configuration and a radially expanded configuration and
wherein, in the radially contracted configuration, the first branch
includes a first configuration having a first length of the entire
first branch and a second configuration having a second length
of the entire first branch longer than the first length.
OPINION
The Examiner finds that Hyodoh discloses all of the limitations of
independent claim 22, including, inter alia, a trunk, first branch, and second
branch, each including a continuous wire forming a cylindrical body wherein
the continuous wire is formed into a zig-zag pattern around a circumference
of the cylindrical body. Final Act. 4--5 (citing Hyodoh, Fig. IC). The
Examiner interprets "zig-zag" as "having short sharp turns or angles," and
finds H yodoh' s "helical stent of Figure 1 C [to] clear[ly] ha[ ve] such
features." Id. at 2 (citing http://www.vocabular.com/dictionary/zig-zag); see
2
Appeal2014-002385
Application 13/155,532
also Ans. 3 (stating that "[e]ach peak shows such a structure."). Figure IC
of Hyo doh as annotated by the Examiner is reproduced below.
Annotated Figure 1 C of H yodoh depicts a front view of a bifurcated stent
formed from two wires in accordance with one embodiment and includes the
Examiner's annotation indicating the peaks where the Examiner finds a zig-
zag. Hyodoh, 5:4---6.
Appellant argues that even under the Examiner's interpretation of
"zig-zag," Hyodoh does not disclose wire formed into a pattern having short
sharp turns or angles around a circumference of the cylindrical body. Br. 4.
We agree with Appellant. Adopting the Examiner's interpretation of "zig-
zag," we are not persuaded that Hyodoh's purported "peaks" are indicative
of short sharp turns or angles. Hyodoh describes that first and second wire
segments 46, 4 7 extend helically around axes 31 in different directions and
cross each other at locations 48. Hyodoh, 10:34--39. Hyodoh further
3
Appeal2014-002385
Application 13/155,532
describes that locations 48 define loops 49 which touch other such that the
loops are contiguous. Id. at 10:39--41. In contrast to a disclosure of short,
sharp turns or angles as found by the Examiner, we find that Hyodoh
discloses spiraling or curving the wire around axes 31 to form rounded
loops. In order to satisfy the preponderance of the evidence standard, the
evidence must demonstrate that it is more likely than not that the alleged
facts are actually true. See Bosies v. Benedict, 27 F.3d 539, 542 (Fed. Cir.
1994) (the preponderance of the evidence standard requires the finder of fact
to believe that the existence of a fact is more probable than its nonexistence).
In the instant case, the Examiner does not provide sufficient evidence to
demonstrate that it is more likely than not that Hyodoh discloses a
continuous wire formed into a pattern of short, sharp turns or angles so as to
disclose "a continuous wire forming a cylindrical body, wherein the
continuous wire is formed into a zig-zag pattern around a circumference of
the cylindrical body" as called for by claim 22.
For the foregoing reasons, the Examiner erred in finding that Hyodoh
discloses all of the limitations of independent claim 22, and we do not
sustain the rejection of independent claim 22, or claims 13-19, 23, and 24
which depend therefrom, as anticipated by Hyodoh.
DECISION
The Examiner's decision to reject claims 13-19 and 22-24 is
REVERSED.
REVERSED
4