Appeal No. 1999-0712 Page 5
Application No. 08/748,669
which it is inserted (column 2, lines 22-25). As illustrated in Figure 3, where additional
flexibility for a given hinge strength is needed, the hinge (22) can be coiled along its length
(column 2, lines 34-37).
Samson discloses the provision of radiopaque markers (110, 112) on the distal end and
the proximal end, respectively, of a stent and further teaches that these markers are necessary
to determine the position of the stent during its installation (column 3, lines 12-22). According2
to Samson, suitable radiopaque materials include platinum series metals, gold, silver, tantalum
and certain stainless steels (column 3, lines 32-38).
In rejecting claims 41, 42, 46-48, 50-53, 55 and 58-61, the examiner (answer, pages 3
and 4) takes the position that it would have been obvious to coat the connector members 100 of
Schatz with radiopaque material in order to determine the location and orientation of the stent
assembly within the blood vessel and to shape the connector member 100 of Schatz as a coil to
increase its bending flexibility in view of the teaching to do so by Wolff. With regard to claims
43-45, 54, 56 and 57, the examiner (answer, page 4) further asserts that it would have been
obvious to use gold as the radiopaque material incorporated into the Schatz stent in view of
Samson's teaching of using gold as a radiopaque material on a stent.
2While this teaching of providing radiopaque markers on the distal and proximal ends of a stent has not
been specifically relied upon by the examiner in rejecting the claims, we note it of interest, in particular because of
its pertinence to the subject matter of claim 41 ("a radiopaque marker at an end of said stent") at issue in this
appeal.
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