Ex parte DWYER et al. - Page 12




          Appeal No. 2000-1948                                      Page 12           
          Application No. 08/751,087                                                  


          taught or suggested at the time the invention was made to a                 
          person having ordinary skill in the art a detent carried by the             
          handle to prevent continuous forward-rearward movement of the               
          movable portion of the handle from the implant capture position             
          to the implant release position.                                            


               In our view, when the control handle of Williams is                    
          combined with either Lukic's, Braunschweiler's or Robinson's                
          device for delivering, positioning and releasing, within a                  
          body lumen, a self-expandable implant, the semicircular                     
          recesses 105, 110 taught by Williams would be located at the                
          implant release position and the implant capture position,                  
          respectively.  Thus, the semicircular recesses 105, 110 are                 
          not readable on the claimed "detent" since they would not                   
          prevent continuous forward-rearward movement of the movable                 
          portion of the handle from the implant capture position to the              
          implant release position.                                                   


               Additionally, it is our view that the combined teachings               
          of Robinson and Williams would have made it obvious at the                  
          time the invention was made to a person having ordinary skill               







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