Appeal No. 2002-1671 Page 15
Application No. 08/993,985
Claim 4
Claim 4 adds to parent claim 1 the limitation that the stent-graft is adapted to
provide an initial radial force when implanted in a body lumen and whereby the
bioabsorbable structure support is adapted to bioabsorb over time in-vivo with an
eventual resulting decrease in radial force to the vessel wall, and the permanent graft
portion adapted to substantially remain in the body lumen.
The appellants argue (brief, p. 13) that the claim 4 limitations are not met by the
combination of Chaikof and Berg. We do not agree. In our view, the teachings of
Chaikof and Berg as combined above with respect to claim 1 inherently met the
additional limitations of claim 4. In that regard, when Chaikof's reinforcing fibers 8 are
formed from a bioabsorbable polymer they are adapted to provide an initial radial force
when implanted in a body lumen and are adapted to bioabsorb over time in-vivo which
inherently results in a decrease in the radial force to the vessel wall. Additionally,
Chaikof's permanent graft is adapted to substantially remain in the body lumen. The
appellants have not particularly pointed out or cognitively explained why the limitations
of claim 4 are not met when Chaikof's reinforcing fibers 8 are formed from a
bioabsorbable polymer.
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