Appeal No. 2006-0526 Παγε 5
Application No. 10/206,620
In disclosing a graft having a central portion provided with crimps and end
portions provided with crimps and disclosing that it may be preferable to omit crimping
in certain sections of a given portion, Lunn discloses a generally tubular graft body
having a tubular wall including a crimped portion and an uncrimped portion (the section
of a given portion in which crimping is omitted) disposed between opposite open ends.
The language "for placement at said curved locations of said body vessel" in claim 1 is
directed to the function or intended use of the device. It is well settled that the recitation
of an intended use for an old product does not make a claim to that old product
patentable. In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir.
1997). While Lunn does not specify any particular locations for the sections of omitted
crimping, it is quite clear from Lunn's disclosure that, even in grafts on which crimping is
omitted in certain sections of a given portion as taught by Lunn, there will be
circumferential crimping in the central portion and longitudinal crimping in the end
portions to permit the central portion axial expansion and end portion radial expansion
which is the objective of Lunn's invention. Lunn's graft appears reasonably capable of
being placed in a body vessel having a curved location3, with a crimped portion (i.e.,
any section of any portion wherein crimping is not omitted) being placed at said curved
location of said vessel. Accordingly, the functional language of claim 1 does not in this
3 Indeed, most, if not all, body vessels are circular, or curved, in cross-section.
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