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WYHA? TTAB Affirms Mere Descriptiveness Refusal of "STENTALLOY" For Alloys Used to Make Medical Devices

So let's imagine that you're facing a final Section 2(e)(1) mere descriptiveness refusal of STENTALLOY for "wrought or unwrought metal alloys for use in sheet, bar, coil, wire, strip and plate form having mechanical properties, purity and corrosion resistance suitable for use in medical devices." Examining Attorney Eugenia K. Martin has cited a dictionary definition of "stent" and Internet website excerpts showing that metal stents "are often, if not normally, made from metal alloys." Would you have appealed? Applicant Metalwerks PMD, Inc. did, and it lost. In re Metalwerks PMD, Inc., Serial No. 77362611 (December 10, 2009) [not precedential].stentApplicant lamely argued that "stent" does not describe "a wrought or unwrought alloy because a stent could be molded or extruded plastic...continue to full post

Full post as published by The TTABlog on December 22, 2009 (boomark / email).