Appeal No. 2003-0511
Application No. 09/350,448
balloon having a stent crimped therearound and a filling body of
elastic and radiopaque material arranged inside the balloon where
the filling body is compressed by the stent when the stent is in
a compressed state. Further details of this appealed subject
matter are set forth in representative independent claim 1 which
reads as follows:
1. A stent delivery system with a balloon catheter for
positioning a stent, comprising:
a tubular shaft with a proximal end and a distal end, and at
least one lumen extending in between,
an inelastic balloon near the distal end of the shaft which
is connected with the lumen,
a stent crimped around the balloon; and a filling body of
elastic and radiopaque material arranged inside the balloon and
affixed to the shaft, the filling body having a size
corresponding to at least a dimension of the stent in a
compressed state, where the filling body is compressed by the
stent when the stent is in a compressed state.
The reference set forth is relied upon by the examiner as
evidence of obviousness:
Dusbabek et al. (Dusbabek) WO 98/07390 Feb. 26, 1998
(published World Intell. Prop. Org. Application)
All of the appealed claims stand rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Dusbabek. The examiner
acknowledges that Dusbabek does not teach a stent delivery system
wherein the mounting body (which corresponds to the here-claimed
2
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