Ex parte DWYER et al. - Page 14




          Appeal No. 2000-1948                                      Page 14           
          Application No. 08/751,087                                                  


          movable portion of the handle in moving from the implant                    
          capture position to the implant release position will always                
          engage 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.  This is not true of the intermediate recesses that               
          are suggested by the combined teachings of Robinson and                     
          Williams.                                                                   


               For the reasons set forth above, the decision of the                   
          examiner to reject claim 2, and claims 3 to 5, 12 and 16                    
          dependent thereon, under 35 U.S.C. § 103 is reversed.                       


          Claim 17                                                                    
               We will not sustain the rejection of claim 17 under                    
          35 U.S.C. § 103.                                                            


               Claim 17 reads as follows:                                             
                    A method for selectively delivering, positioning and              
               releasing, within a body lumen, a self-expandable implant              
               having leading and trailing ends comprising:                           
                    providing an elongate tubular sheath for maintaining              
               the implant in a low profile configuration, the sheath                 







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