Ex parte SCHWARTZ - Page 10




          Appeal No. 95-4847                                                           
          Application No. 08/079,222                                                   


          the purpose of the Schatz invention is to place absorbable                   
          polymers or drugs into contact with the lumen wall at the site               
          of the stent, and the function of the Spears invention is to                 
          repair an injured arterial wall (column 1), which it                         
          accomplishes by placing materials which include fibrin at the                
          site to interact with the body (columns 5-7).  Thus, it is our               
          opinion that the references do not teach away from combining                 
          their teachings, and that their teachings are applicable to                  
          the appellant’s invention.                                                   
                                       SUMMARY                                         
               The rejection of claims 1-5, 7, 8 and 29 is sustained.                  
               The rejection of claim 6 is not sustained.                              
               The decision of the examiner is affirmed-in-part.                       
               No time period for taking any subsequent action in                      
          connection with this appeal may be extended under 37 CFR                     
          § 1.136(a).                                                                  


                                   AFFIRMED-IN-PART                                    




                         IRWIN CHARLES COHEN            )                              
                                          10                                           





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