Ex parte ELLIS et al. - Page 9




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


          retained” until it is navigated to a desired location.  From                
          the above, it is abundantly clear to us that one skilled in                 
          this art would readily appreciate that the end caps of Ryan                 
          serve as stops.  It is also quite apparent to this panel of                 
          the board that the inclusion of a weakening means on the end                
          caps of Ryan for assisting retraction and release of the stent              
          (column 6, lines 63 through 65) does not detract from the                   
          stent movement prevention function of the end caps during                   
          delivery of the stent through the patient.  Of course, this                 
          same viewpoint is also clearly applicable to the inclusion of               
          a slit as the particular weakening means.  It is worthy of                  
          noting that the argument advanced in the main brief seems to                
          be rebutted by appellants’ own teaching that a cup can be                   
          formed with areas of weakness, be elastomeric, and may                      
          accordion or buckle, and apparently still be able to retain a               
          stent on the catheter in its reduced condition during                       
          maneuvering to its deployment site (specification, pages 7 and              
          10).                                                                        


                                       Claim 8                                        


                                          9                                           





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