Ex parte ELLIS et al. - Page 7




          Appeal No. 1999-0512                                                        
          Application No. 08/701,979                                                  


          stent as a stop, a cup having a first end portion restraining               
          the stent at its proximal end portion, and the cup and collar               
          cooperatively constructed and arranged to restrain the stent                
          distal and proximal end portions in a stent reduced condition               
          and to release the stent proximal end portion from the cup end              
          portion in a balloon expanded state.                                        


               Based upon the clear and unambiguous overall disclosure                
          of Ryan, we share the examiner’s point of view that the                     
          assembly set forth in claim 1 is anticipated thereby.  In                   
          particular, we note that Ryan expressly teaches (column 12,                 
          lines 3 through 10) the combination of interior (Fig. 15) and               
          exterior (Fig. 7A) end caps, anticipating appellants’ claimed               
          collar and cup, respectively.                                               


               As explained below, the argument advanced by appellants                
          does not convince us that the rejection is unsound.                         


               In the main brief (page 7), it is asserted that the                    
          interior end cap of Ryan is incapable of retaining the stent                
          in position and acting as a stop (page 7) and is expected to                
                                          7                                           





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