Ex Parte LAZARUS - Page 3




                    Appeal No. 2000-1759                                                                                                                                  
                    Application No. 08/748,637                                                                                                                            


                    OPINION                                                                                                                                               


                    In reaching our decision in this appeal, we have given                                                                                                
                    careful consideration to appellant's specification and claims, to                                                                                     
                    the applied prior art references, to the declarations filed by                                                                                        
                    Morton J. Thoshinsky, M.D., and to the respective positions                                                                                           
                    articulated by appellant and the examiner.  As a consequence of                                                                                       
                    our review, we have made the determination that the examiner's                                                                                        
                    above-noted rejection will not be sustained.  Our reasons follow.                                                                                     


                    In evaluating the prior art applied by the examiner, we note                                                                                          
                    that Choudhury discloses a method and device for permitting                                                                                           
                    intraluminal repair of an aneurysm (20) in a patient's aorta                                                                                          
                    (10).  A primary object of the invention in Choudhury (col. 1,                                                                                        
                    lines 30-34) is to provide a method and article for performing an                                                                                     
                    aneurysm repair "which does not require major surgery and may                                                                                         
                    therefore be used on higher risk patients than conventional                                                                                           
                    excisional aneurysm surgery."  More specifically, Choudhury                                                                                           
                    teaches a method of repairing a diseased portion (20) of a first                                                                                      
                    corporeal lumen (aorta 10) comprising the steps of:                                                                                                   
                    intraluminally inserting a repair device (22) into a second                                                                                           
                    corporeal lumen (femoral artery 48) at a location remote from the                                                                                     

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