Appeal No. 1998-2095
Application No. 08/460,311
vessel by initiating an inflammatory response between the
vascular graft and the inner wall of the vessel, the examiner
asserts that “insertion of any prosthetic device will initiate
an inflammatory response and therefore cause attachment”
(id.).
Appellant argues that Barone neither teaches nor suggests
a configuration of the disclosed securing means to initiate an
inflammatory response to facilitate attachment of the graft to
the intima or inner wall of the vessel (Brief, page 8).
Further, the appellant argues that “while all things implanted
in the body may cause an inflammatory response or irritation .
. . not all inflammatory responses are of the degree which
provides attachment of the device to the surrounding body
tissue” (Reply Brief, pages 1 and 2).
Since the examiner has not directed our attention to any
particular language in Barone which explicitly supports the
position taken by the examiner, we understand the rejection to
be based on the examiner’s determination that insertion of
Barone’s intraluminal vascular graft into a vessel will not
only initiate
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