Ex parte BONUTTI et al. - Page 4




                  Appeal No. 1998-2637                                                                                        Page 4                      
                  Application No. 08/470,142                                                                                                              


                  encloses a plurality of longitudinally extending wires and is provided with a longitudinally                                            
                  extending central passage.  The leading end portion of the cannula is constructed to pierce                                             
                  human body tissue, such as by having its sheath comprise a tapered leading end and a                                                    
                  plurality of stiffening wires (see Figure 21, for example).  The cannula is inserted through                                            
                  tissue in a radially unexpanded condition and can be expanded radially outwardly against                                                
                  the inner walls of the vessel in which it is installed.                                                                                 
                                                       The Rejection Under Section 102                                                                    
                           Anticipation is established only when a single prior art reference discloses, either                                           
                  expressly or under the principles of inherency, each and every element of the claimed                                                   
                  invention.  See, for example, In re Paulsen, 30 F.3d 1475, 1480-1481,                                                                   
                  31 USPQ2d 1671, 1675 (Fed. Cir. 1994) and In re Spada, 911 F.2d 705, 708,                                                               

                  15 USPQ2d 1655, 1657 (Fed. Cir. 1990).                                                                                                  
                                                                           (1)                                                                            
                           Claim 70 stands rejected as being anticipated by Lee. The method recited in claim                                              
                  70 includes the steps of providing a cannula having a sheath which at least partially                                                   
                  encloses a plurality of wires, piercing a side wall of the blood vessel with a leading end                                              
                  portion of the cannula, moving the sheath and the wires of the cannula through the opening                                              
                  formed by the piercing step, and advancing the sheath and the wires of the cannula along                                                
                  an inner side surface of a blood vessel.                                                                                                









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