Appeal No. 2006-2879 Application No. 09/954,789 The examiner concludes it would have been obvious to add a stent-graft taught by Chuter and May to McCrory's system and assemble a kit to facilitate convenience during a vascular repair procedure as taught by Evans. The examiner additionally relies on In re Kerkhoven, 205 USPQ 1069 (CCPA 1980), for the legal proposition that it would have been obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose in order to form a third composition for the same purpose. Answer, page 5. Appellants argue, however, that neither Chuter nor May constitute prior art against the claimed invention. Brief, page 5. Appellants argue that they are entitled to the filing date of March 19, 1999, which is prior to the 2000 publication dates of Chuter and May. Further, appellants argue that Example 2 of the priority application (09/273,120 ('120), now U.S. Patent No. 6,203,779 B1 ('779)) describes the use of a Wallgraft™, which is a stent-graft, evidencing support for stent-grafts in the priority application. The examiner counters that the March 19, 1999 filing date does not envision the use of stent-grafts in their kits. We disagree. Upon review of the disclosure of the '120 application as reproduced in the '779 patent, we agree with appellants that the priority application describes stent- grafts. In our view, example 2 of the '120 application describes the use of a stent-graft, i.e., Wallgraft™. Declaration evidence of record, Declaration of 4Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007