Ex Parte LAZARUS - Page 1




               The opinion in support of the decision being entered today was not     
               written for publication and is not binding precedent of the Board.     
                                                               Paper No. 42           
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    ____________                                      
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    ____________                                      
                            Ex parte HARRISON M. LAZARUS                              
                                    ____________                                      
                                Appeal No. 2000-1759                                  
                             Application No. 08/748,637                               
                                    ____________                                      
                                 HEARD: July 9, 2002                                  
                                    ____________                                      
          Before COHEN, ABRAMS, and FRANKFORT, Administrative Patent                  
          Judges.                                                                     
          FRANKFORT, Administrative Patent Judge.                                     


                                 DECISION ON APPEAL                                   


          This is a decision on appeal from the examiner's final                      
          rejection of claims 39 through 42, which are all of the claims              
          remaining in this application.  Claims 1 through 38 have been               
          canceled.                                                                   


          Appellant's invention relates to a minimally invasive method                
          for repairing a diseased portion of a corporeal lumen of a                  
          patient's vasculature.  Independent claims 39 and 42 are                    







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