Ex Parte White et al - Page 10

                 Appeal 2007-0850                                                                                      
                 Application 10/733,292                                                                                

                        Piplani’s device comprises an expandable spring attachment means                               
                 126, having a generally sinusoidal or zig-zag shape, with a plurality of wire                         
                 apices 132 that extend from the body of the graft (id. at Figure 4; col. 5, ll.                       
                 29-58.)  The spring attachment must be physically expanded “from an initial                           
                 compressed or collapsed position to a subsequent expanded position” to                                
                 allow it to press against the inner surface of a vessel (id. at col. 5, ll. 39-40).                   
                 Piplani’s device also has first and second wires not at the end of the                                
                 prosthesis (id. at col. 5, ll. 23-27).                                                                
                        Regarding the limitation in claims 12 and 20 requiring the device’s                            
                 wire apices to be capable of extending across an intersecting vessel, Piplani                         
                 discloses that                                                                                        
                        the apices 132 lie in three longitudinally spaced-apart parallel                               
                        planes  extending  transversely  of  the  axis  of  the  expandable                            
                        spring attachment means in which the first plane is disposed                                   
                        internally  of  the  open  end  and  the  second  plane  lies  in  a                           
                        position which is external of but in close proximity to the open                               
                        end and the third plane is spaced a substantial distance beyond                                
                        the open end.                                                                                  
                 (Id. at col. 5, ll. 51-58, emphasis added.)                                                           
                        Thus, Piplani’s graft has two sets of wire apices that extend beyond                           
                 the body of the graft.  One set of apices is “in close proximity” to the open                         
                 end of the graft, while the other set of apices is “a substantial distance” from                      
                 the end of the graft (id. at col. 5, ll. 55-58).                                                      
                        In view of the drawings, the explicitly stated dimensions, and the                             
                 disclosure that one set of wire apices extends “a substantial distance” from                          
                 the body of the graft, it is reasonable to conclude that the wire apices of                           
                 Piplani’s device would extend a sufficient distance from the body of the                              


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