Ex Parte Ley et al - Page 1



                       The opinion in support of the decision being entered today is not binding            
                                           precedent of the Board.                                          
                      UNITED STATES PATENT AND TRADEMARK OFFICE                                             
                                               __________                                                   
                           BEFORE THE BOARD OF PATENT APPEALS                                               
                                        AND INTERFERENCES                                                   
                                               __________                                                   
                Ex parte TIMOTHY J. LEY, GRAIG L. KVEEN, and BURNS P. DORAN                                 
                                               __________                                                   
                                            Appeal 2007-2026                                                
                                          Application 10/131,772                                            
                                         Technology Center 3700                                             
                                               __________                                                   
                                          Decided:  July 19, 2007                                           
                                               __________                                                   
               Before ERIC GRIMES, LORA M. GREEN, and                                                       
               RICHARD M. LEBOVITZ, Administrative Patent Judges.                                           
               GRIMES, Administrative Patent Judge.                                                         


                                         DECISION ON APPEAL                                                 
                      This is an appeal under 35 U.S.C. § 134 involving claims to a stent.                  
               The Examiner has rejected the claims as anticipated and obvious.  We have                    
               jurisdiction under 35 U.S.C. § 6(b).  We affirm.                                             
                                             BACKGROUND                                                     
                      “Stents are radially expandable endoprostheses which are typically                    
               intravascular implants capable of being implanted transluminally and                         
               enlarged radially after being introduced percutaneously. . . .  They are used                




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