Ex parte DWYER et al. - Page 15




          Appeal No. 2000-1948                                      Page 15           
          Application No. 08/751,087                                                  


               having a leading end and a trailing end and being open at              
               its leading end to receive the implant, an implant                     
               retainer engageable with the trailing end of the implant               
               to retain the trailing end of the implant in a fixed                   
               position while enabling the sheath to be withdrawn                     
               rearwardly relative to the implant retainer and implant,               
               the method further comprising:                                         
                    inserting the sheath and implant retainer together                
               with the implant contained within the sheath, into the                 
               body lumen and advancing them as a unit to a location in               
               the body lumen;                                                        
                    providing a detent to prevent direct continuous                   
               movement of the sheath from a capture position to a                    
               release position;                                                      
                    withdrawing the sheath to the detent between the                  
               captured and release positions while exposing the leading              
               end of the implant to enable the leading end of the                    
               implant to self-expand;                                                
                    while in the detent configuration, determining                    
               whether the implant is in a desired position and                       
               orientation; and    thereafter selectively (1) moving the              
               detent to permit the sheath to be withdrawn to a release               
               position or (2) without shifting the detent, returning                 
               the sheath to the capture position.                                    


               As in the rejection of claim 2, the appellants do not                  
          contest the obviousness of combining Williams' control handle               
          with the device of either Lukic, Braunschweiler or Robinson;                
          however, the appellants do argue that the resulting method                  
          does not arrive at the subject matter of claim 17.  We agree.               
          For the same reasons as provided in our discussion above with               
          regard to claim 2, it is our determination that the combined                








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