Appeal No. 1999-0253
Application No. 08/636,206
According to appellant, the invention is directed to
methods of applying a polymeric cover to a stent (Brief, page
1). A copy of representative claim 15 is attached as an
Appendix to this decision.
The examiner has relied upon the following references as
evidence of obviousness:
Kaster 4,441,215 Apr. 10, 1984
MacGregor 5,015,253 May 14, 1991
Gianturco 5,282,824 Feb. 1, 1994
(filed June 15, 1992)
Simon et al. (Simon) 5,354,308 Oct. 11, 1994
(filed May 1, 1992)
The claims on appeal stand rejected under the first
paragraph of 35 U.S.C. § 112 “as containing subject matter
which was not described in the specification in such a way as
to reasonably convey to one skilled in the relevant art that
the inventor(s), at the time the application was filed, had
possession of the claimed invention,” i.e., failure to fulfill
the written description requirement (Answer, page 4). The1
claims on appeal also stand rejected under 35 U.S.C. § 103 as
unpatentable over MacGregor in view of Gianturco and Kaster,
See Vas-Cath Inc. v. Mahurkar, 935 F.2d 1555, 1560,1
19 USPQ2d 1111, 1114 (Fed. Cir. 1991).
2
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