Appeal No. 1998-2637 Page 4
Application No. 08/470,142
encloses a plurality of longitudinally extending wires and is provided with a longitudinally
extending central passage. The leading end portion of the cannula is constructed to pierce
human body tissue, such as by having its sheath comprise a tapered leading end and a
plurality of stiffening wires (see Figure 21, for example). The cannula is inserted through
tissue in a radially unexpanded condition and can be expanded radially outwardly against
the inner walls of the vessel in which it is installed.
The Rejection Under Section 102
Anticipation is established only when a single prior art reference discloses, either
expressly or under the principles of inherency, each and every element of the claimed
invention. See, for example, In re Paulsen, 30 F.3d 1475, 1480-1481,
31 USPQ2d 1671, 1675 (Fed. Cir. 1994) and In re Spada, 911 F.2d 705, 708,
15 USPQ2d 1655, 1657 (Fed. Cir. 1990).
(1)
Claim 70 stands rejected as being anticipated by Lee. The method recited in claim
70 includes the steps of providing a cannula having a sheath which at least partially
encloses a plurality of wires, piercing a side wall of the blood vessel with a leading end
portion of the cannula, moving the sheath and the wires of the cannula through the opening
formed by the piercing step, and advancing the sheath and the wires of the cannula along
an inner side surface of a blood vessel.
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