Ex Parte Ricci et al - Page 1




                    The opinion in support of the decision being entered today was not written                     
                            for publication and is not binding precedent of the Board.                             
                                                                                                                  
                            UNITED STATES PATENT AND TRADEMARK OFFICE                                              
                                                   __________                                                      
                                 BEFORE THE BOARD OF PATENT APPEALS                                                
                                             AND INTERFERENCES                                                     
                                                   __________                                                      
                                 Ex parte   CHARLES RICCI, BART DOLMATCH,                                          
                                 ANDREW H. CRAGG, and RICHARD J. GREFF                                             
                                                   __________                                                      
                                              Appeal No. 2006-2879                                                 
                                           Application No. 09/954,789                                              
                                                   __________                                                      
                                                    ON BRIEF                                                       
                                                   __________                                                      
             Before MILLS, GRIMES, and LINCK, Administrative Patent Judges.                                        
             MILLS, Administrative Patent Judge.                                                                   

                                             DECISION ON APPEAL                                                    
                    This is a decision on appeal under 35 U.S.C. § 134 from the examiner's final                   
             rejection of claims 16 and 20-32.                                                                     
                    Claims 16 reads as follows:                                                                    
                    16.   A kit of parts for use in sealing endoleaks arising from endovascular repair             
             of an aneurysm which comprises:                                                                       
                    (a)  a fluid composition which forms a coherent mass in the presence of blood                  
             which mass adheres to the vascular surface and/or surface of the endovascular                         
             prosthesis wherein said fluid composition comprises a biocompatible solvent and a                     
             biocompatible polymer;                                                                                
                    (b)   a catheter suitable for delivering the fluid composition to an endoleak site             
             formed from endovascular repair of an abdominal aortic aneurysm;                                      
                    (c) a catheter suitable for delivering an endovascular prosthesis to the aneurysm;             
             and                                                                                                   







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