Ex Parte BURNSIDE et al - Page 4




              Appeal No. 2002-1671                                                                     Page 4                 
              Application No. 08/993,985                                                                                      


              18 USPQ2d 1089, 1091 (Fed. Cir. 1991) and In re Keller, 642 F.2d 413, 425, 208                                  
              USPQ 871, 881 (CCPA 1981).                                                                                      


                      In the rejection of claims 1 to 4, 6, 8 to 16, 19 to 21, 36, 37, 39 to 49 and 51 to                     
              67 (answer, pp. 4-5), the examiner (1) set forth the pertinent teachings of Kawai and                           
              Fontaine; (2) ascertained that Kawai lacked a graft; and (3) determined that it would                           
              have been obvious to one having ordinary skill in the art to have utilized Kawai's                              
              bioabsorbable stent with a graft as suggested by Fontaine.                                                      


              Independent Claim 63                                                                                            
                      Claim 63 is directed to a stent-graft comprising, inter alia, (1) a tubular annealed                    
              structure formed of a plurality of filaments, each filament comprising bioabsorbable                            
              material; wherein the filaments include a first set of the filaments wound helically about                      
              an axis of the tubular structure and having a first common direction of winding, and a                          
              second set of the filaments wound helically about the axis and having a second                                  
              common direction of winding, whereby the filaments of the second set cross the                                  
              filaments of the first set at an axially directed angle; and (2) a compliant graft                              
              cooperating with at least a portion of the tubular structure to form a stent-graft adapted                      
              to be disposed in a body lumen.                                                                                 









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