Appeal No. 1999-2646
Application No. 08/794,398
and the examiner with regard to the merits of these
rejections.
DISCUSSION
I. Grouping of claims
On pages 3 and 4 in the main brief, the appellants set
forth the following grouping of claims: claims 1 through 5, 7
through 13 and 17; claim 6; claims 14 through 16, 19 and 20;
and claim 18. Therefore, and in accordance with the arguments
advanced in both briefs, claims 2 through 5, 7 through 13 and
17 shall stand or fall with claim 1, claim 6 shall stand or
fall alone, claims 15, 16, 19 and 20 shall stand or fall with
claim 14 and claim 18 shall stand or fall alone.
II. The 35 U.S.C. § 102(b) rejection of claim 1 as being
anticipated by Duran ‘021
Duran ‘021 discloses sigmoid valve annuloplasty rings or
stents for “permanent implantation . . . in the annulus of
human sigmoid valves (aortic or pulmonary) to remodel them so
as to make the valve competent and avoid its replacement with
an artificial heart valve” (column 1, lines 7 through 11).
The rings/stents may comprise “biocompatible solid metal
single wire, plastic or reabsorbable polymer structure”
4
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