Ex parte LAZARUS - Page 5




          Appeal No. 1998-2095                                                        
          Application No. 08/460,311                                                  


               inner wall of said vessel by initiating a non-                         
               perforating, inflammatory response between said                        
               intraluminal vascular graft and said inner wall of said                
               vessel. . . .                                                          

               The examiner describes Lazarus as disclosing the                       
          invention substantially as claimed, except for the step of                  
          attaching the graft to the inner wall of the vessel by                      
          initiating a non-perforating, inflammatory response between                 
          the graft and the inner wall of the vessel (Answer, pages 4                 
          and 5).  Instead, Lazarus teaches attaching the graft to the                
          wall of the lumen with staples or anchoring elements 16, 17                 
          (see col. 3, lines 50-65 and Figure 2).  Barone is cited by                 
          the examiner for teaching a vascular graft securing means 165               
          including a thin-walled member 166 having a smooth outer wall               
          surface 169 (Answer, page 5).  It is the examiner’s position                
          that it would have been obvious to modify the method taught by              
          Lazarus by replacing the vascular                                           




          graft of Lazarus with the graft taught by Barone in order “to               
          prevent perforation of the blood vessel” (id.)  As to the step              
          of attaching the vascular graft to the inner wall of the                    
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