Appeal No. 97-4119 Page 8
Application No. 08/369,545
by Tovey. This reference discloses a device for deploying a
mesh implant adjacent to body tissue to which it is to be
fastened, in procedures such as the repair of a hernia. The
mechanism that deploys the net includes members that are
mechanically biased to the open position. However, even if it
is conceded that the device is inserted into an “obstructed
site,” it is our view that the reference does not support the
conclusion that the net and its positioning arms “displaces the
anatomical tissue to create a space” at the obstructed site
when moved into its expanded position, as is required by claim
52. In this regard, the expanding members are wires and the
net is a planar sheet, and the reference does not explicitly
state that these elements move tissue aside to create a space
nor, in our opinion, can it be assumed that such is the
inherent result.
The rejection of claims 52 and 53 is not sustained.
While we have carefully considered all of the arguments
presented by the appellants, they have not convinced us that
the rejection of claims 1, 7, 14, 15, 17 and 40 should not be
sustained. Our position with regard to these arguments should
be apparent from the foregoing recitations.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007