Ex parte EBERHARDT - Page 7




          Appeal No. 2000-0897                                                        
          Application No. 08/570,373                                                  


          namely by locating the member to extend to but not around the               
          support wire 16,2 Carpentier’s modified tissue would provide a              
          complete response to the requirement of claim 1 that the                    
          biological valve member extends “directly underneath, but not               
          extending around, the support rail.”                                        
               In light of the foregoing, the standing rejection of                   
          claim 1 as being unpatentable over Carpentier in view of Wain               
          is sustained.                                                               



















               2We reiterate that appellant does not appear to dispute                
          the examiner’s position that this modification of Carpentier                
          would have been obvious in view of Wain’s teachings.                        
                                          7                                           





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