Ex Parte FRANTZEN - Page 3




              Appeal No. 2001-1939                                                                 Page 3                
              Application No. 09/072,605                                                                                 


                     Claims 12, 13 and 23 stand rejected under 35 U.S.C. § 103(a) as being                               
              unpatentable over Klein in view of Suzuki and Sawyer.                                                      
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                       
              the appellant regarding the above-noted rejections, we make reference to the Answer                        
              (Paper No. 14) for the examiner's complete reasoning in support of the rejections, and                     
              to the Brief (Paper No. 13) and Reply Brief (Paper No. 15) for the appellant's arguments                   
              thereagainst.                                                                                              
                                                       OPINION                                                           
                     In reaching our decision in this appeal, we have given careful consideration to                     
              the appellant's specification and claims, to the applied prior art references, and to the                  
              respective positions articulated by the appellant and the examiner.  As a consequence                      
              of our review, we make the determinations which follow.                                                    
                                                        Claim 1                                                          
                            A method for polishing surfaces of a cylindrical radially expandable                         
                     surgical stent including the steps of:                                                              
                            selecting an abrasiveness for particles within a fluid abrasive                              
                     media;                                                                                              
                            providing a source of the fluid abrasive media;                                              
                            orienting the radially expandable surgical stent with a central axis                         
                     thereof extending in an axial direction;                                                            
                            subjecting the fluid abrasive media to elevated pressure                                     
                     substantially between 300 and 800 p.s.i.; and                                                       








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