Ex parte ELLIS et al. - Page 11




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


                                      Claim 10                                        


               We affirm the rejection of claim 10 under 35 U.S.C. §                  
          103.                                                                        


               Claim 10, dependent from claim 1, specifies that the                   
          collar is axially positioned exterior to the stent at the                   
          stent distal end portion opposite the stent proximal end                    
          potion retained by the cup.                                                 


               The thrust of appellants’ argument (main brief, page 10)               
          as to claim 10 is based upon the recitation in parent claim 1               
          of the collar serving as a stop, and the assertion that Ryan                
          does not address an end cap or collar that serves as a stop.                
          We previously focused upon this same argument relative to                   
          claim 1, supra, and found it nonpersuasive.  The argument now               
          reiterated still fails to convince us that our earlier                      
          reasoning was in error.  Thus, we sustain the rejection of                  
          claim 10.                                                                   


                                      Claim 11                                        
                                         11                                           





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