Ex Parte FRANTZEN - Page 2




              Appeal No. 2001-1939                                                                 Page 2                
              Application No. 09/072,605                                                                                 


                                                    BACKGROUND                                                           
                     The appellant's invention relates to a method for polishing surfaces of a surgical                  
              stent.  An understanding of the invention can be derived from a reading of exemplary                       
              claim 1, which has been reproduced below.                                                                  
                     The prior art references of record relied upon by the examiner in rejecting the                     
              appealed claims are:                                                                                       
              Suzuki et al. (Suzuki)                    4,319,435                    Mar. 16, 1982                       
              Sawyer                                    5,108,417                    Apr.  28, 1992                      
              Frantzen                                  5,746,691                    May    5, 1998                      
              Klein                                     5,788,558                    Aug.   4, 1998                      
                     Claims 1, 2, 7 and 10 stand rejected under the judicially created doctrine of                       
              obviousness-type double patenting as being unpatentable over claims 1-5 of U.S.                            
              Patent No. 5,746,691 in view of Suzuki.                                                                    
                     Claims 14, 18, 19 and 21 stand rejected under 35 U.S.C. § 102(e) as being                           
              anticipated by Klein.                                                                                      
                     Claims 14, 18, 19 and 21 stand rejected under 35 U.S.C. § 103(a) as being                           
              unpatentable over Klein in view of Sawyer.                                                                 
                     Claims 15 and 22 stand rejected under 35 U.S.C. § 103(a) as being                                   
              unpatentable over Klein in view of Sawyer.                                                                 
                     Claims 1, 2, 7, 9, 10, 11, 16, 17 and 20 stand rejected under 35 U.S.C. § 103(a)                    
              as being unpatentable over Klein in view of Suzuki.                                                        








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