Ex parte VACANTI et al. - Page 2




                Appeal No. 1998-2777                                                                                                    
                Application 08/477,226                                                                                                  


                through 36 are all of the claims pending in the application.                                                            



                        Appellants’ invention relates to a method for making devices used for tissue regeneration (claim                

                1), which method uses computer-aided-design (CAD) in combination with solid free-form fabrication                       

                technology to form vascularized polymeric matrix structures which can be implanted and connected to                     

                ducts within tissue in a patient, seeded with cells, and allowed to form new tissue that is supplied with               

                adequate blood-borne nutrients via the predesigned vasculature.  In addition, appellants’ polymeric                     

                matrix structures or devices for tissue regeneration may be formed to have therein other predesigned                    

                lumens and ducts for exocrine, excretory, and other functions associated with normal tissue in vivo.                    

                Claim 16 on appeal is directed to a medical device for tissue regeneration formed in accordance with                    

                the foregoing method.  A copy of independent claims 1 and 16 can be found in the Appendix to                            

                appellants’ brief.                                                                                                      



                        The prior art references relied upon by the examiner in rejecting the appealed claims are:                      

                Klebe                                   5,108,926                       Apr. 28, 1992                                   
                Cima et al. (Cima ‘380)                 5,387,380                       Feb.   7, 1995                                  


                        Claims 1 through 36 stand rejected under 35 U.S.C. § 112, second paragraph, as being                            

                indefinite for failing to particularly point out and distinctly claim the subject matter which appellants               


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