Ex Parte Mathis et al - Page 2

                Appeal 2006-2249                                                                                
                Application 10/429,172                                                                          

                distal anchor (54) and a support wire or reshaper disposed therebetween (56)                    
                (Specification 2).  The device is inserted into a lumen, such that the distal                   
                anchor (52) and proximal anchor (54) circumferentially engage the lumen to                      
                hold the device in place in the lumen (Specification 2).  The support wire                      
                (56) is urged against the lumen by the distal anchor (52) and proximal                          
                anchor (54) to support the tissue adjacent the lumen (Specification 2).                         
                Appellants indicate that the device may be used to aid in the closure of a                      
                mitral valve in the heart (Specification 2).                                                    
                       Claims 1 and 5 are illustrative:                                                         
                       1. A device for modifying the shape of tissue adjacent to a lumen, the                   
                device comprising:                                                                              
                       an anchor adapted to be deployed by a catheter to engage the lumen;                      
                       a support extending from the anchor and adapted to engage the lumen;                     
                and                                                                                             
                       a recapture mechanism adapted to assist the recapture of at least a                      
                portion of the device into the catheter.                                                        

                       5. The device of claim 3 wherein the recapture mechanism comprises                       
                a first surface on the anchor and a second surface on the anchor, the slope of                  
                the first surface with respect to a longitudinal axis of the anchor being less                  
                than the slope of the second surface with respect to the longitudinal axis of                   
                the anchor.                                                                                     

                       The Examiner relies on the following prior art reference as evidence                     
                of unpatentability:                                                                             
                Gaber   WO 01/87180  Nov. 22, 2001                                                              
                                                                                                               


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