Appeal No. 2006-0311 Παγε 4
Application No. 09/900,241
graft are joined by a butt joint, then substantially all of the stent will extend
out of the graft.
In the examiner’s view, the above-referenced disclosure of a butt joint is a description of
an end-to-end connection without overlap between the stent and graft as required by
claim 25.
We do not agree with the examiner. Firstly, as Anderson clearly discloses that
substantially all of the stent extends out of the graft, Anderson implies that the
connection is not without some overlap. In addition, while the examiner is correct that
one of the definitions of a butt joint is a joint made by fastening the parts together end-
to-end without overlap, there are other definitions for the term butt joint that would
include a joint that has overlapping connections.
The appellant has filed a declaration, executed by the inventor Dr. Andrew Kerr,
which is dated June 19, 2004 and filed on June, 24, 2004. In the declaration, Dr. Kerr
states that he did not find any definition for the term “butt joint’ in the literature relating to
endovascular stent/graft assemblies. In addition, the declaration states that the term
“butt joint” in the dentistry field would include a joint with overlapping parts.
This record also includes a copy of a chapter entitled “Butt Joint” from a book
entitled “The Complete Illustrated Guide to Joinery” by Gary Rogowski in which a “butt
joint” is described in the carpentry art to indicate a right angle joint.
In our view, as there are various definitions for the term “butt joint” and Anderson
discloses that the stent overlaps the graft to at least some extent, the finding of the
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