Appeal No. 1999-2789
Application No. 08/805,633
OPINION
At the outset, we observe that appellants, on page 6 of
their brief, have indicated that claims 94, 95, 104 and 140
stand or fall together. Thus, in accordance with 37 CFR §
1.192(c)(7), we have selected claim 140 as being
representative of appellants' claim grouping and will decide
this appeal on the basis of that claim alone.
Having carefully reviewed the anticipation issue raised
in this appeal in light of the record before us, we have come
to the conclusion that the examiner's rejection of the
appealed claims under 35 U.S.C. § 102(b) will be sustained.
Our reasoning in support of this determination follows.
Representative claim 140 sets forth a method for
permanently closing a septal defect in a body, which method
comprises the steps of: introducing a septal defect closure
device into a body and advancing the device to an area of a
septal defect; orienting the septal defect closure device
within the septal defect; and curing or hardening the septal
defect closure device in situ; whereby the septal defect
4
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