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Patent 2142996 Summary

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Claims and Abstract availability

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(12) Patent: (11) CA 2142996
(54) English Title: BREAST IMPLANT WITH RADIOLUCENT SHELL
(54) French Title: IMPLANT MAMMAIRE A ENVELOPPE PERMEABLE AUX RAYONS X
Status: Expired and beyond the Period of Reversal
Bibliographic Data
(51) International Patent Classification (IPC):
  • A61L 27/00 (2006.01)
  • A61F 2/12 (2006.01)
  • A61L 27/50 (2006.01)
(72) Inventors :
  • KNAPP, TERRY RUSSELL (United States of America)
  • ANDREWS, WINSTON A. (United States of America)
(73) Owners :
  • LIPOMATRIX INC.
  • LIPOMATRIX INCORPORATED, A CORPORATION OF THE BRITISH VIRGIN ISLANDS
(71) Applicants :
  • LIPOMATRIX INC.
  • LIPOMATRIX INCORPORATED, A CORPORATION OF THE BRITISH VIRGIN ISLANDS
(74) Agent: OSLER, HOSKIN & HARCOURT LLP
(74) Associate agent:
(45) Issued: 2004-03-02
(86) PCT Filing Date: 1993-08-06
(87) Open to Public Inspection: 1994-04-14
Examination requested: 1997-11-19
Availability of licence: N/A
Dedicated to the Public: N/A
(25) Language of filing: English

Patent Cooperation Treaty (PCT): Yes
(86) PCT Filing Number: PCT/US1993/007384
(87) International Publication Number: WO 1994007434
(85) National Entry: 1995-02-21

(30) Application Priority Data:
Application No. Country/Territory Date
07/952,687 (United States of America) 1992-09-29

Abstracts

English Abstract


A breast implant includes a shell fashioned from one of a group of materials
which exhibit radiolucency at those x-ray in-
tensities normally encountered for mammographic procedures. The radiolucent
shell may be filled with radiolucent fill material
as previously taught to thereby comprise a fully radiolucent breast implant.
The radiolucent breast implant enhances the use of
mammography in detecting tumors in patients having breast implants to more
effectively diagnose and treat cancer.


Claims

Note: Claims are shown in the official language in which they were submitted.


5
What Is Claimed Is:
1. A breast implant comprised of a shell filled
with a filler, both said shell and filler being each made
of materials which are themselves substantially radiolu-
cent under accepted mammographic protocols and intensi-
ties.
2. The implant of Claim 1 wherein said shell is a
material selected from the group consisting of linear
aliphatic polyether urethane; linear aliphatic polyester
urethane; cyclic aliphatic polyether urethane; cyclic
aliphatic polyester urethane; aromatic polyether
urethane; aromatic polyester urethane; polybutylene;
polypropylene; crosslinked olefinic elastomers; and sty-
rene-ethylene/butylene-styrene block copolymer.
3. In a breast implant comprised of a shell filled
with a fill material, the improvement comprising said
shell being made of a material which is itself substan-
tially radiolucent under accepted mammographic protocols
and intensities.
4. The breast implant of Claim 3 wherein said shell
is a material selected from the group consisting of linear
aliphatic polyether urethane; linear aliphatic polyester
urethane; cyclic aliphatic polyether urethane; cyclic
aliphatic polyester urethane; aromatic polyether ure-
thane; aromatic polyester urethane: polybutylene; poly-
propylene; crosslinked olefinic elastomers; and styrene-
ethylene/butylene-styrene block copolymer.
5. A breast implant comprised of a shell filled
with a filler, both said shell and filler being made of
materials having an effective atomic number of 6.0 within
a range of about ~0.5.

Description

Note: Descriptions are shown in the official language in which they were submitted.


CA 02142996 2002-04-04
,. > ..
BREAST IMPLANT WITH RADIOLUCENT SHELL
Background and Summary of the Invention
Breast prostheses are well known in the art and
generally include a shell or envelope which is filled
with a fluid or gel which desirably is used to enlarge
the female breast yet retain its normal appearance, move-
ment, feel, and other cosmetic characteristics. Until
recently, the predominant breast implant had been a sili-
cone envelope filled with a silicone gel. However, re-
cent health concerns have prompted the withdrawal of this
implant from the market. These concerns generally relate
to the health risks caused by migration of the silicone
gel from within the shell, breakage of the shell, or
other introduction of the silicone gel into the~body.
The assignee of the present invention also holds
certain rights under U.S. Patent No. 4,995,882, which
discloses and claims a breast implant comprised of a
silicone shell filled with a radiolucent fill material
such as peanut oil, sunflower seed oil, or any other
suitable fluid with the same atomic number as breast
tissue, Z=5.9. As explained in greater detail therein,

' ' PCT/US93/07384
WO 94/0743 : ~ ~ - _ ,'
2
mammograms typically are performed by compressing a
breast between two plates which flattens the breast and
enables a more uniform exposure. A controlled intensity
of x-rays are then passed through the breast for a care-
fully controlled time period to image any artifacts in-
dicative of cancer. As is well known in the art of mam-
mography, great care is taken to minimize the amount of
x-ray energy used as studies have shown that certain
levels of x-ray exposure will itself increase the risk of
developing cancer. Typically, mammographies are conduct-
ed at low x-ray energy levels, such as between the range
of 25-60 kVp. Hence, this prior patent discloses a use-
ful and valuable invention of utilizing a fill material
which is radiolucent using standard mammographic proce-
dures and protocols, and perhaps more importantly, x-ray
intensities.
The inventors herein are also aware of U.S. Patent
No. 4,863,470 which discloses a standard breast implant
comprised of a silicone shell with a silicone gel fill
material. As previously mentioned herein, this breast
implant construction is well known in the prior art and,
up until recently, had been the most popular implant
used. in addition, this patent discloses an identifica-
tion marker or tab which is made from silicone with bis-
muth trioxide or barium sulfate, both of which are much
more "radiopaque°' than the silicone used for the standard
shell or fill material. Hence, presuming an increased x-
ray intensity which would render the standard silicone
breast implant radiolucent, a marker or tab would remain
opaque and thusly visible. This patent also describes a
technique used to read this radiopaque marker which is
more similar to a chest x-ray than to a mammogram. As
taught therein, the patient lies on her back and the x- ,
rays are directed through her breast and chest cavity.
For chest x-rays, energy levels at 125 kVp are common.
The intensity of x-rays required for this procedure sub-

x
WO 94/07434 ~ ' ' ~ ~ PCT/US93/07384
3
stantially exceeds that carefully controlled and timed
dosage which is used for mammographic procedures. There-
fore, while this patent suggests that a standard silicone
gel and silicone fill material may be radiolucent, it is
in reality radiopaque for standard mammographic proce-
dures. This deficiency with this prior art implant con-
struction was recognized and dramatically improved upon
with the breast implant with radiolucent fill disclosed
and claimed in prior U.S. Patent 4,995,882.
As an enhancement to the breast implant with
silicone shell and radiolucent fill, the inventors herein
have succeeded in developing a breast implant With a
shell which is also radiolucent. Therefore, with this
breast implant, not only is the fill material comprised
of a radiolucent material, but the shell also is radiolu-
cent itself, using the standards for fudging radiolucency
as explained in prior U.S. Patent 4,995,882, i.e. using
standard mammographic protocols, procedures, and intensi-
ties. The material which the inventors have identified
and are contemplating for use for the shell include any
,, one or more of the following: linear aliphatic polyether
urethane; linear aliphatic polyester urethane; cyclic
aliphatic polyether urethane; cyclic aliphatic polyester
urethane; aromatic polyether urethane; aromatic polyester
urethane; polybutylene; polypropylene; crosslinked ole-
finic elastomers; and styrene-ethylene/butylene-styrene
block copolymer. All of these materials have an effec-
tive atomic number of 6.0 within a range of 0.5, and
therefore exhibit the effective atomic number of fat
which is the mayor component of a human breast. Thus,
with the present invention, a breast implant is disclosed
which includes a radiolucent shell filled with a radiolu-
cent fill material thereby rendering the entire implant
optimally radiolucent for mammographic procedures.

WO 94/07434 ~ ~ ~ ~ ~ ~ ~ PCT/US93/07384
4'
4
It is not believed that a drawing is required or
even helpful in understanding the present invention and,
hence, none is being submitted.
Detailed Description of the Preferred Embodiment '
The inventors' preferred embodiment for achieving
a breast implant shell which is essentially radiolucent
using standard mammographic procedures, protocols, and
intensities. The inventors believe that materials having
an effective atomic number of 6.0 within a range of t0.5
satisfy this criteria. As examples thereof, the present
invention includes fashioning the shell from any one of a
number of materials such as: linear aliphatic polyether
urethane; linear aliphatic polyester urethane; cyclic
aliphatic polyether urethane; cyclic aliphatic polyester
urethane; aromatic polyether urethane; aromatic polyester
urethane; polybutylene; polypropylene; crosslinked ole-
finic elastomers; and styrene-ethylene/butylene-styrene
block copolymer. It is anticipated that standard manu-
facturing techniques well known to those of ordinary
skill in the art for producing breast implants will be
similarly used with the materials of the present inven-
tion. In other words, it is not anticipated that there
will be any difficulty encountered by those of ordinary
skill in the art in making breast implant shells with the
materials suggested herein as radiolucent.
There are various changes and modifications which
may be made to the invention as would be apparent to
those skilled in the art. However, these changes or
modifications are included in the teaching of the disclo-
sure, and it is intended that the invention be limited
only by the scope of the claims appended hereto.

Representative Drawing

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Administrative Status

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Event History

Description Date
Inactive: Reversal of expired status 2013-10-09
Time Limit for Reversal Expired 2013-08-06
Letter Sent 2012-08-06
Inactive: Late MF processed 2010-08-17
Letter Sent 2010-08-06
Inactive: Late MF processed 2007-08-17
Letter Sent 2007-08-06
Inactive: Late MF processed 2006-08-17
Letter Sent 2006-08-07
Inactive: IPC from MCD 2006-03-11
Inactive: Late MF processed 2005-08-18
Letter Sent 2005-08-08
Grant by Issuance 2004-03-02
Inactive: Cover page published 2004-03-01
Pre-grant 2003-12-03
Inactive: Final fee received 2003-12-03
Notice of Allowance is Issued 2003-06-03
Notice of Allowance is Issued 2003-06-03
Letter Sent 2003-06-03
Inactive: Approved for allowance (AFA) 2003-05-06
Amendment Received - Voluntary Amendment 2003-02-14
Inactive: S.30(2) Rules - Examiner requisition 2002-10-31
Amendment Received - Voluntary Amendment 2002-04-04
Inactive: S.30(2) Rules - Examiner requisition 2001-12-04
Letter Sent 2001-08-21
Reinstatement Requirements Deemed Compliant for All Abandonment Reasons 2001-08-08
Deemed Abandoned - Failure to Respond to Maintenance Fee Notice 2001-08-06
Letter Sent 2000-11-02
Reinstatement Requirements Deemed Compliant for All Abandonment Reasons 2000-10-20
Deemed Abandoned - Failure to Respond to Maintenance Fee Notice 2000-08-07
Inactive: Status info is complete as of Log entry date 1998-03-19
Inactive: RFE acknowledged - Prior art enquiry 1998-03-19
Inactive: Application prosecuted on TS as of Log entry date 1998-03-19
All Requirements for Examination Determined Compliant 1997-11-19
Request for Examination Requirements Determined Compliant 1997-11-19
Application Published (Open to Public Inspection) 1994-04-14

Abandonment History

Abandonment Date Reason Reinstatement Date
2001-08-06
2000-08-07

Maintenance Fee

The last payment was received on 2003-07-31

Note : If the full payment has not been received on or before the date indicated, a further fee may be required which may be one of the following

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  • the late payment fee; or
  • additional fee to reverse deemed expiry.

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Owners on Record

Note: Records showing the ownership history in alphabetical order.

Current Owners on Record
LIPOMATRIX INC.
LIPOMATRIX INCORPORATED, A CORPORATION OF THE BRITISH VIRGIN ISLANDS
Past Owners on Record
TERRY RUSSELL KNAPP
WINSTON A. ANDREWS
Past Owners that do not appear in the "Owners on Record" listing will appear in other documentation within the application.
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Document
Description 
Date
(yyyy-mm-dd) 
Number of pages   Size of Image (KB) 
Claims 2003-02-13 1 47
Abstract 1995-06-24 1 41
Claims 1995-06-24 1 42
Description 1995-06-24 4 186
Description 2002-04-03 4 188
Acknowledgement of Request for Examination 1998-03-18 1 173
Courtesy - Abandonment Letter (Maintenance Fee) 2000-09-04 1 184
Notice of Reinstatement 2000-11-01 1 171
Courtesy - Abandonment Letter (Maintenance Fee) 2001-08-20 1 185
Notice of Reinstatement 2001-08-20 1 172
Commissioner's Notice - Application Found Allowable 2003-06-02 1 160
Maintenance Fee Notice 2005-09-08 1 172
Late Payment Acknowledgement 2005-09-08 1 165
Late Payment Acknowledgement 2005-09-08 1 165
Maintenance Fee Notice 2006-09-07 1 173
Late Payment Acknowledgement 2006-09-07 1 166
Late Payment Acknowledgement 2006-09-07 1 166
Maintenance Fee Notice 2007-09-16 1 174
Late Payment Acknowledgement 2007-09-19 1 167
Late Payment Acknowledgement 2007-09-19 1 167
Maintenance Fee Notice 2010-08-16 1 170
Late Payment Acknowledgement 2010-08-16 1 163
Late Payment Acknowledgement 2010-08-16 1 163
Maintenance Fee Notice 2012-09-16 1 170
PCT 1995-02-20 8 277
Correspondence 2003-12-02 1 33
Fees 2001-08-07 1 43
Fees 2002-08-05 1 35
Fees 1999-08-03 1 33
Fees 2000-10-19 1 46
Fees 2004-08-05 1 33
Fees 1996-08-01 1 43
Fees 1995-07-25 1 35