Appeal No. 97-2551
Application 08/249,821
a self-expanding endoprosthesis having “a second end portion
configured within and in contact with the curved inner surface
of the second outer catheter.” Rather, Garza discloses that
outer catheter 78 covers catheter 50 and at no point is there
disclosure that the outer catheter 78 is in contact with the
prosthesis as required by claim 23. In view of the foregoing
we will not sustain the examiner’s rejection of claim 23, nor
of claims 24-34 dependant therefrom.
The examiner’s rejection of claims 11-22 is
sustained. The examiner’s rejection of claims 23-34 is
not sustained.
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
LAWRENCE J. STAAB )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
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