Ex parte MIKSZA - Page 9




          Appeal No. 1997-4292                                       Page 9           
          Application No. 08/515,344                                                  


          constricted and expanded diameters of stent 100 typically fall              
          in the ranges of 1.0-3.5 mm and 3.5-10.0 mm, respectively.                  


               The examiner's position with respect to claims 1 to 4 is               
          that Pinchasik discloses a stent with a plurality of                        
          expandable cells with a folded bridge in at least one cell.                 
          The examiner states that                                                    
               Fig. 2C best shows the bridges which are considered by                 
               the examiner to be the upper and lower side segments of                
               the diamonds in the middle of the stent.  The examiner                 
               notes that in Figs. 2A, 2B, the bridges are initially                  
               arranged in a folded condition.  A "cell", as interpreted              
               by the examiner, is best shown in Fig. 2C, but it would                
               be present in Figs. 2A and 2B also.  A "cell" is                       
               considered by the examiner to be two adjacent diamonds                 
               and the elongated rectangular section on either side of                
               the intersection point of the two diamonds.  Thus as seen              
               by the examiner, each "cell" contains two adjacent                     
               bridges that are connected together at their middle.  It               
               is an inherent function of the stent and bridges that if               
               the stent is expanded far enough, the bridges will                     
               straighten out and form a continuous ring around the                   
               middle of the stent.                                                   


               The appellant argues (brief, p. 2) that Pinchasik lacks                
          the claimed "bridge" which initially starts in a folded                     
          condition and which expands (i.e., lengthens) to form an arc                










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