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1. (WO2019043516) ADJUSTABLE IMPLANT



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INTERNATIONAL SEARCH REPORT (ISR)
Part 1:  1  2  3  4  5  6          Part 2:  A  B  C  D  E 
International application No. Applicant's or agent's file reference
PCT/IB2018/056355 ETH5908WOPC2
International filing date (day/month/year) (Earliest) Priority Date (day/month/year)
22 August 2018 01 September 2017
Applicant
ETHICON, INC.
FOR FURTHER ACTION: See Form PCT/ISA/220 as well as, where applicable, item 5 below.
This international search report has been prepared by this International Searching Authority and is transmitted to the applicant according to Article 18. A copy is being transmitted to the International Bureau.
It is also accompanied by a copy of each prior art document cited in this report.
1. Basis of the report
a. With regard to the language, the international search was carried out on the basis of:
the international application in the language in which it was filed.
a translation of the international application into                                          which is the language of a translation furnished for the purposes of international search (Rules 12.3(a) and 23.1(b)).
b.
This international search report has been established taking into account the rectification of an obvious mistake authorized by or notified to this Authority under Rule 91 (Rule 43.6bis(a)).
c.
With regard to any nucleotide and/or amino acid sequence disclosed in the international application, the international search was carried out on the basis of a sequence listing:
2. Certain claims were found unsearchable
This international search report has not been established in respect of certain claims under Article 17(2)(a) for the following reasons:
1.
Claims Nos.: 15-20
because they relate to subject matter not required to be searched by this Authority, namely:
Claim 15 relates to a method of "using an adjustable implant" including the implicit surgical step of "providing an implant", which according to the description includes implanting the implant in a user (see e.g. par. [0002], [0033], [0040]). Thus, claims 15-20 refer to a method for treatment of the human body by surgery. According to Rules 39.1(iv) and 67.1(iv) PCT, neither a search nor an international preliminary examination is required to be carried out on these claims.
2.
Claims Nos.:
because they relate to parts of the international application that do not comply with the prescribed requirements to such an extent that no meaningful international search can be carried out, specifically:
3.
Claims Nos.:
because they are dependent claims and are not drafted in accordance with the second and third sentences of Rule 6.4(a).
3. Unity of invention is lacking
4. Title of the invention
The text is approved as submitted by the applicant.
The text has been established by this Authority to read as follows:
5. Abstract
The text is approved as submitted by the applicant.
The text has been established, according to Rule 38.2, by this Authority as it appears in Box No. IV. The applicant may, within one month from the date of mailing of this international search report, submit comments to this Authority.
6. Drawings
a.
The figure of the drawings to be published with the abstract is Figure No.     1    
as suggested by the applicant.
as selected by this Authority, because the applicant failed to suggest a figure.
as selected by this Authority, because this figure better characterizes the invention.
b.
none of the figures is to be published with the abstract.

A. CLASSIFICATION OF SUBJECT MATTER

     A61F 2/12 (2006.01)i; A61B 90/00 (2016.01)i; A61F 2/48 (2006.01)i
According to International Patent Classification (IPC) or to both national classification and IPC

B. FIELDS SEARCHED

Minimum documentation searched (classification system followed by classification symbols):
     A61B; A61F
Documentation searched other than minimum documentation to the extent that such documents are included in the fields searched:
Electronic data base consulted during the international search (name of data base and, where practicable, search terms used):
EPO-Internal, WPI Data

C. DOCUMENTS CONSIDERED TO BE RELEVANT

Category* Citation of document, with indication, where appropriate, of the relevant passages Relevant to claim No.
(1)
Y
US 2010087843 A1 (BERTOLOTE TIAGO [CH] ET AL) 08 April 2010 (2010-04-08)
1-14
paragraphs [0054], [0074] - [0075], [0104]; figures 1, 5A-D, 12, 13
(2)
Y
EP 1547549 A2 (ETHICON ENDO SURGERY INC [US]) 29 June 2005 (2005-06-29)
1-14
paragraphs [0010] - [0015]; figures 4-8
(3)
A
EP 2453839 B1 (KIRK PROMOTION LTD [SE]) 12 March 2014 (2014-03-12)
1-14
paragraphs [0050] - [0051], [0061] - [0063], [0065]; figures 1A-C
*
Special categories of cited documents:
"A"
document defining the general state of the art which is not considered to be of particular relevance
"E"
earlier application or patent but published on or after the international filing date
"L"
document which may throw doubts on priority claim(s) or which is cited to establish the publication date of another citation or other special reason (as specified)
"O"
document referring to an oral disclosure, use, exhibition or other means
"P"
document published prior to the international filing date but later than the priority date claimed
"T"
later document published after the international filing date or priority date and not in conflict with the application but cited to understand the principle or theory underlying the invention
"X"
document of particular relevance; the claimed invention cannot be considered novel or cannot be considered to involve an inventive step when the document is taken alone
"Y"
document of particular relevance; the claimed invention cannot be considered to involve an inventive step when the document is combined with one or more other such documents, such combination being obvious to a person skilled in the art
"&"
document member of the same patent family

D. INFORMATION ON PATENT FAMILY MEMBERS

Patent document cited in search report Publication date
(day/month/year)
Patent family member(s) Publication date
(day/month/year)
US 2010087843 A1
08 April 2010
EP 2362762 A1
US 2010087843 A1
WO 2010042493 A1
07 September 2011
08 April 2010
15 April 2010
EP 1547549 A2
29 June 2005
AT 440576 T
AU 2004235622 A1
BR PI0405620 A
CA 2490164 A1
CN 1736347 A
DK 1547549 T3
EP 1547549 A2
JP 4738806 B2
JP 2005177491 A
15 September 2009
07 July 2005
23 August 2005
17 June 2005
22 February 2006
14 December 2009
29 June 2005
03 August 2011
07 July 2005
EP 2453839 B1
12 March 2014
AU 2010272575 A1
BR 112012001029 A2
CA 2805679 A1
EP 2453839 A1
US 2012116509 A1
US 2017333179 A1
WO 2011006900 A1
08 March 2012
22 November 2016
20 January 2011
23 May 2012
10 May 2012
23 November 2017
20 January 2011
Name and mailing address of the ISA/:
European Patent Office
P.B. 5818, Patentlaan 2, 2280 HV Rijswijk,
Netherlands
Telephone No. (+31-70)340-2040
Facsimile No. (+31-70)340-3016
Date of the actual completion of the international search:
09 November 2018
Date of mailing of the international search report:
16 November 2018
Authorized officer:
Rosander, Frida
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