Appeal No. 1999-2790
Application No. 08/794,530
arms ever touch one another and thus slide over one another
when the expanding mechanism is released and the stent is
reduced in diameter. In that regard, appellant has pointed to
Wall, column 3, lines 36-45, wherein the patentee indicates
that the ends (29, 30) of the stent are so biased that, when
the stent is expanded so far that the ends (29) and (30) are
released from engagement, the end (29) will move inwardly and
the end (30) will move outwardly, so that on subsequent
release of the stent, the ends (29) and (30) have exchanged
places so that the hook means (28) cannot now engage.
Appellant concludes from this disclosure that Wall teaches and
discloses that only the bias of the arms causes them to
reverse their radial positions, and that there is nothing in
Wall to teach or suggest the "shaped profile means" of
independent claim 1 for positively causing the first and
second locking means to slide over one another and for
positively preventing reengagement thereof. Likewise,
appellant concludes that the Wall patent provides no teaching
or suggestion regarding the steps of "positively causing said
first locking means to slide over said second locking means to
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