Appeal No. 2002-1403 Page 4
Application No. 09/323,783
respective positions articulated by the appellants and the examiner. As a consequence
of our review, we make the determinations which follow.
The anticipation rejection
We will not sustain the rejection of claims 25, 26 and 29 to 31 under 35 U.S.C.
§ 102(e) as being anticipated by Schatz.
Schatz's invention relates to an expandable intraluminal graft for use within a
body passageway or duct and, more particularly, expandable intraluminal vascular
grafts which are particularly useful for repairing blood vessels narrowed or occluded by
disease; and a method and apparatus for implanting expandable intraluminal grafts.
Figures 1A and 1B show an expandable intraluminal vascular graft or prosthesis 70
(i.e., a stent) which may be utilized not only in connection with an expandable
intraluminal vascular graft for expanding partially occluded segments of a blood vessel,
or body passageway, but may also be utilized for many other purposes as an
expandable prosthesis for many other types of body passageways.
Figures 3 and 4 of Schatz show the expandable intraluminal vascular graft 70
disposed or mounted upon a catheter 83 having an expandable, inflatable portion 84
associated therewith. Catheter 83 includes means for mounting and retaining 85 the
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