Appeal No. 2006-2879
Application No. 09/954,789
Richard J. Greff, PhD., paragraph 10, dated January 22, 2003, would reasonably
appear to establish that persons of ordinary skill in the art understood that a
Wallgraft™ is also known as a stent-graft. See Amendment filed May 21, 2003
and accompanying Declaration. In addition, the specification of the '120
application (as evidenced by the '779 patent, column 2, lines 11-22), incorporates
by reference a publication by Parodi, referencing stent-grafts. Thus, the '120
application would reasonably appear to support the disclosure of stent-grafts and
May and Chuter are not prior art to the present application. The rejection over
McCrory taken with May, Chuter, and Evans is reversed.
Other Issue for Consideration
Upon return of the application to the examiner, the examiner should
consider the following. Appellants' specification, page 18, lines 7-14, states,
"[s]uitable endovascular prostheses for endovascular repair of abdominal aortic
aneurysms are well known in the art and are described, for example, by Beebe[ ].
Such prostheses, by themselves, do not form part of this invention." In addition,
the specification, page 3, references the November 1998 publication by Parodi,
"Endovascular AAA Stent Grafts: Training and Proper Patient Selection." These
references in the specification would appear to antedate the filing date of March
19, 1999 and evidence that stent-grafts were known in the art at the time of filing
of the present application.
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