Appeal 2007-2026
Application 10/131,772
stents having a structure that closely resemble those shown in Appellants’
Figure 23.
Because we agree that the Examiner’s interpretation of claim 37 is
reasonable, and because claim 37 does not have any language that
distinguishes the term “I shaped” from Ehr, we agree with the Examiner that
claim 37 encompasses the stent shown in Ehr’s Figure 16. Also, because the
corners of cell “A” all touch each other, all of those cells “abut one another,”
as recited in claim 37.
Appellants also argue that Ehr does not anticipate claim 39.
Appellants refer to their annotated version of Ehr’s Figure 16 (reproduced
above), and argue that structure “C” is not a bonate structure because it does
not have “a relatively wide end portion joined by a connection portion which
is, at least in part, relatively narrow” (Br. 8). Appellants argue that because
cell “C” is neither bonate nor I-shaped, Ehr does not anticipate claim 39
(id.).
To demonstrate that cell “C” has relatively wide portions joined by a
connecting portion that is at least in part relatively narrow, the Examiner
provides an annotated version of Ehr’s Figure 16 (Answer 9), reproduced
below:
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