Ex parte BLOM et al. - Page 7




          Appeal No. 97-3294                                                          
          Application 08/408,225                                                      



          expressly set forth in claim 1.  More specifically, we                      
          understand the noted diamond shaped esophageal end of the                   
          implant of Blom as  a deformed coil that simply follows                     
          uniform coils of the main implant body.  Accordingly, it is                 
          the viewpoint of this panel of the board that this deformed                 
          coil (flange-like structure) at the end of a coil spring                    
          cannot be said to be “provided on an outside surface”                       
          (underlining added for emphasis) of a device body, as now                   
          claimed.  Accordingly, the rejection of claims 1 through 5  is              
          reversed.                                                                   


                                  Claims 14 and 15                                    
                    Claim 14 requires, inter alia, a device including a               
          resiliently deflectable device body having an insertion cross               
          section transverse to its longitudinal extent which is                      
          insufficient to fill an opening in a human body and a larger                
          use cross section transverse to its longitudinal extent, and a              
          retainer removable to permit deployment of the device body to               
          its use cross section.  Claim 15 specifies the retainer as                  
          being soluble in a fluid.                                                   

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