Appeal 2006-3416
Application 10/884,751
6. Furst discloses that the wall surface 16 is formed by a plurality of
intersecting elongated members 18, and adjacent elongated members 18
are joined together by at least one U-shaped member 17 (Furst, col. 4,
ll. 56-57 and col. 5, ll. 48-53).
7. In use, Furst’s tubular-shaped member 10 is expanded by standard
procedures, i.e., by inflating a balloon inside the member or by self
expansion, from a first diameter to a second, expanded diameter (Furst,
col. 1, ll. 34-36, col. 1, ll. 47-50, col. 3, ll. 43-45 and col. 4, ll. 59-65).
8. Furst does not disclose that any portion of elongated members 18 or any
other portion of tubular member 10 juts out from its tubular-shaped
member to create a flange upon expansion of the tubular-shaped member.
9. Furst’s graft is described as being used inside a body passageway to
provide support and/or to open blocked passageways (Furst, col. 4,
ll. 21-51).
PRINCIPLES OF LAW
“A claim is anticipated only if each and every element as set forth in the
claim is found, either expressly or inherently described, in a single prior art
reference.” Verdegaal Bros. v. Union Oil Co. of California, 814 F.2d 628, 631, 2
USPQ2d 1051, 1053 (Fed. Cir. 1987), cert. denied, 484 U.S. 827 (1987).
We determine the scope of the claims in patent applications not solely on the
basis of the claim language, but upon giving claims “their broadest reasonable
interpretation consistent with the specification” and “in light of the specification as
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