Appeal No. 95-4847
Application No. 08/079,222
as being drawn to a non-elected invention, and no claims had
been allowed. Along with the Appeal Brief (Paper No. 16), the
appellant filed an amendment canceling claims 9-11 and 30-32,
leaving claims 1-8 and 29 on appeal.
The appellant's invention is directed to an intraluminal
stent (claims 1-8) and to a method of preventing restenosis in
a body lumen (claim 29). The subject matter on appeal is
illustrated by reference to claims 1 and 29, which can be
found in an appendix to the Brief.
THE REFERENCES
The references relied upon by the examiner to support the
final rejection are:
Spears 5,092,841 Mar. 3,
1992
European application 0,364,787 Apr. 25,
1990
(Schatz)
THE REJECTION
Claims 1-8 and 29 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Schatz in view of Spears.
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