Ex Parte BERG et al - Page 6




                    Appeal No. 2002-1117                                                                                                                                  
                    Application No. 09/569,607                                                                                                                            


                    are "configured to pass through the side wall of the tubular                                                                                          
                    graft conduit at respective locations" as required in claim 1 and                                                                                     
                    also "further configured to reach respective locations on the                                                                                         
                    side wall of the tubular body conduit that are spaced annularly                                                                                       
                    around the aperture when the connector is in use and the first                                                                                        
                    and second members are extending substantially radially out from                                                                                      
                    the structure."                                                                                                                                       


                    As for the examiner's newly added comments regarding Figure                                                                                           
                    1 of Berg '416 (answer, page 6), we share appellants' view as                                                                                         
                    expressed on page 7 of the reply brief that the wire frame (38)                                                                                       
                    and coating (36), which fills the apertures formed by the wires                                                                                       
                    of the frame, together define the "graft" or "graft conduit" of                                                                                       
                    Berg '416.  Thus, the frame (38) is part of the graft itself and                                                                                      
                    is not "a structure which is annularly continuous and configured                                                                                      
                    for disposition annularly within the inside of the tubular graft                                                                                      
                    conduit" as required in appellants' claim 1 and which further                                                                                         
                    includes first and second members configured to function in the                                                                                       
                    manner set forth in claim 1.                                                                                                                          






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