Appeal 2007-1197
Application 10/674,729
Thus, Evans discloses stents formed from helically woven elements
which may be metallic. One of ordinary skill in the art reading Evans would
have understood that the helically woven elements described therein need
not always be in flat ribbon form. See also the relationship between claims
3 and 5 of Evans, where claim 5 states that “at least some of the helically
woven elements [of claim 3] are flat ribbons, evidencing that the "helically
woven elements" may be other than flat ribbon. (Col. 9, ll. 1-35.)
Furthermore, the term "wire" is defined as "1. A usually pliable
metallic strand or rod made in many lengths and diameters, sometimes clad
and often electrically insulated, used chiefly for structural support or to
conduct electricity. 2. Something resembling a wire, as in slenderness or
stiffness." The Free Online Dictionary by Farlex.1 This is also consistent
with the Examiner's definition of "wire" set forth in the Answer, page 4.2
Thus, the term "wire" as used in pending claim 31, is interpreted to
1 http://www.thefreedictionary.com
2 Furthermore, a web search of the term "flat wire" also produced multiple
search hits, further supporting that one of ordinary skill in the art would
understand that the term "wire" includes "flat wire". E.g.,
http://www.metals-unltd.com/ describing, "COPPER, BRASS, BRONZE,
ALUMINUM STAINLESS STEEL, NICKEL ALLOY, TITANIUM, HIGH
TEMPERATURE ALLOYS, AIRCRAFT ALLOYS, ALLOY STEEL,
PHOSPHOR BRONZE, BERYLLIUM COPPER, LEAD, TUNGSTEN
Including Flat Wire, Round Wire, Brass Strip, Copper Strip, Phosphor
Bronze strip, Beryllium copper strip, Brass Coil, Copper Coil, Brass Wire,
Beryllium Copper Tubing, Copper Flat Wire, Phospher Bronze Wire,
Brass Flat Wire, Silicon Bronze Wire." Emphasis added.
4
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Last modified: September 9, 2013