Ex Parte Ley et al - Page 3

               Appeal 2007-2026                                                                             
               Application 10/131,772                                                                       

                      The Specification states that “the term ‘bonate’ refers to a structure                
               which has relatively wide end portions joined by a connecting portion which                  
               is, at least in part, relatively narrow.  A bonate cell structure is illustrated             
               generally at 100 in Fig. 12” (Specification 6).                                              
                      The Specification states (id.) that                                                   
                            The term ‘multibonate’, for the purposes of this                                
                      disclosure,  refers  to  a  structure  which  has  three  or  more                    
                      relatively  wide  end  portions  each  of  which  is  joined  to  a                   
                      common portion via a relatively narrow connecting portion. . . .                      
                      One such multibonate cell structure is shown generally at 120                         
                      in Fig. 13.                                                                           
                      Claim 37 is directed to a stent that has a plurality of I-shaped bonate               
               cell structures.  The I-shaped cells must abut one another and be oriented at                
               an oblique angle relative to the longitudinal axis of the stent.                             

               2.  PRIOR ART                                                                                
                      The Examiner relies on the following references:                                      
                      Ehr   US 6,033,433  Mar. 7 2000                                                       
                                                                   (filed Apr. 25, 1997)                    
                      Fischell  US 5,695,516  Dec. 9. 1997                                                  
                      Fischell  US 5,697,971  Dec. 16, 1997                                                 
                      Savin   US 4,950,227  Aug. 21, 1990                                                   

               3.  ANTICIPATION                                                                             
                      Claims 37-39 stand rejected under 35 U.S.C. § 102(e) as anticipated                   
               by Ehr (Answer 3-4), on the basis that “Ehr discloses a stent consisting                     
               entirely of interconnected, I-shaped, bonate cell structures disposed at an                  
               oblique angle relative to the longitudinal axis as seen in Fig. 16” (id. at 4).              


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