Ex parte LAZARUS - Page 11




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


          intended to contact the bifurcation and that Barone shows, in               
          Figure 4, a vascular graft contacting the bifurcation (Answer,              
          pages 7 and 8).                                                             
               We do not agree.  Appellant’s Figure 11 illustrates a                  
          preferred embodiment of an intraluminal vascular graft for                  
          repairing bifurcated vessels.  With regard to this particular               
          embodiment, page 24 of the specification informs us that when               
          the                                                                         
          vascular graft 20 is deployed in a bifurcating vessel, “the                 




          expandible caudal ring 35 is seated upon and supported by the               
          bifurcation of the vessel, otherwise referred to as the crotch              
          98 of the bifurcation.”  Thus, based on the underlying                      
          specifi-cation, we understand the claim language referred to                
          by the examiner as being unclear, unambiguous and as actually               
          requiring that the circumferential support structure, not the               
          vascular graft, be capable of being positioned to contact and               
          span the bifurcation.  Furthermore, this interpretation is                  
          consistent with the step of “supporting said intraluminal                   
          vascular graft structure within said bifurcated vessel, by                  
                                          11                                          





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007