Ex parte BENNETT et al. - Page 2




          Appeal No. 1997-2667                                                        
          Application No. 07/632,907                                                  


               Claim 26 is representative of the subject matter on                    
          appeal and reads as follows:                                                
               26.  A greatly expanded titanium metal mesh of enhanced                
          void      fraction, said greatly expanded mesh being selected               
          from the       group consisting of titanium metal, titanium                 
          metal alloys,       and intermetallic mixtures containing                   
          titanium metal, said     titanium mesh having a pattern of                  
          substantially diamond-   shaped voids having LWD and SWD                    
          dimensions for units of the        pattern, the pattern of                  
          voids being defined by a continuum      of metal strands                    
          interconnected at nodes, wherein the mesh    is a flexible and              
          stretchable titanium mesh with strands of    thickness less than            
          0.125 cm and having a void fraction of       at least 90%, said             
          flexible and stretchable mesh being     coilable and uncoilable             
          about an axis along the LWD             dimension of the pattern            
          units and being stretchable along       the SWD dimension of the            
          pattern units and further being    bendable in the general                  
          plane of the mesh about a bending       radius in the range from            
          5 to 25 times the width of the     mesh, with the mesh nodes                
          being of double strand thickness.                                           
               In support of his rejections, the examiner relies on the               
          following prior art:                                                        
          Watkins                       896,912             May 23, 1962              
          (Published British Patent Application)                                      
          “Niles Expanded Metals,” page 12, 1973 (hereinafter referred                
          to as “Niles”).                                                             
               Claims 26, 28, 30 through 38, 43 and 44 stand rejected                 
          under 35 U.S.C. § 102(b) as anticipated by the disclosure of                
          Niles.    Claims 26, 28, 30 through 38, 43 and 44 stand                     
          rejected under 35 U.S.C. § 103 as unpatentable over the                     

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