Ex Parte Ley et al - Page 10

               Appeal 2007-2026                                                                             
               Application 10/131,772                                                                       

                      We also note that Savin discloses that a stent that decreases in length               
               upon expansion “enhances its release from [the delivery] system” (Savin col.                 
               5, ll. 48-49).  However, Savin qualifies this preference in the next sentence,               
               stating that “[a]ny kind of stent may be delivered by this system, including                 
               plastically deformable or elastically deformable stents” (id. at col. 5, ll. 49-             
               51, emphasis added).  Therefore, because Savin’s disclosure is not limited to                
               stents that shorten upon deployment, we do not agree that Savin teaches                      
               away from delivering the stents disclosed in Fischell ‘516 with the tapered                  
               balloon delivery system.                                                                     
                      Appellants argue that the stent of Fischell ‘516 has hour-glass shaped                
               cells, rather than the I-shaped cells required by claim 37 (Reply Br. 4).                    
                      We do not find this argument persuasive of nonobviousness.  As                        
               discussed above, we agree with the Examiner that, when given its broadest                    
               reasonable interpretation in light of the Specification, the term “I shaped”                 
               encompasses any structure that is generally shaped like an “I.”  We note that                
               the cells of the stent of Fischell ‘516 could be characterized as hour glass-                
               shaped.  However, because the cells have two wider end portions which                        
               extend from both sides of a narrower connecting portion that extends along a                 
               central axis (see Fischell ‘516, Figure 1), we agree with the Examiner that                  
               the cells are also generally shaped like an “I.”  We therefore also agree that               
               claim 37 encompasses the cells of the Fischell ‘516 stent.                                   
                      To summarize, Appellants’ arguments do not persuade us that the                       
               Examiner erred by concluding that claims 37-41 are obvious over the cited                    
               references.  We therefore affirm the Examiner’s obviousness rejections of                    
               claims 37-41.                                                                                


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