Appeal 2006-3416
Application 10/884,751
“flange” in keeping with its ordinary and customary meaning (Finding of Fact 4),
and further failed to show where Furst’s graft includes any portion that juts out
from its tubular-shaped member to create a protruding rim, edge, rib, or collar that
is used to attach the graft to another object. Rather, the Examiner pointed to
portions of Furst’s elongated members 18 that form the wall surface 16 of tubular
member 10 as first and second flanges (Answer 5; Findings of Fact 5, 6). These
portions of elongated members 18 are expanded during use from a first diameter to
a second, expanded diameter (Finding of Fact 7). Furst, however, 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 10 (Finding of Fact 8). Accordingly,
Furst does not anticipate independent claim 11 because it does not disclose “a first
flange connected to the distal end of said central region and deployable from a first
position to an expanded position.” Likewise, Furst does not anticipate independent
claim 20 because it does not disclose “a first flange deployable from a first position
to an expanded position” or “a second flange proximal to said first flange and
deployable to an expanded position.”
As such, we cannot sustain the Examiner’s rejection under 35 U.S.C.
§ 102(e) of claim 11 and its dependent claims 3, 12-14, and 17 and claim 20 and its
dependent claim 21.
Rejection of Claims 18 and 19 under 35 U.S.C. § 103(a)
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