Appeal 2007-2331
Application 10/123,883
37 C.F.R. § 41.37(c)(1)(vii) (2006).
Alt is relied upon for teaching a stent (30) having a longitudinal
length, a compressed state and an expanded state, the stent comprising
a plurality of annular elements having straight struts of the
same length and apices; connecting elements of the same length
(70) connected to the apices of the annular elements (75) and
comprising a bend; and the length of the stent remains the same
in both the compressed and expanded states (Fig. 10 and col.
18, lines 42-62). Each strut has a longitudinal dimension,
which is smaller when the annular elements are in the expanded
state than in the compressed state and larger when in the
expanded state then [sic] in the compressed state (Fig. 10 and
Col. 18, lines 42-62). Adjacent annular elements of the stent
define a plurality of apertures, which have a geometric shape
and a uniform size when in the compressed state (Fig. 5a). The
first and second segments have different degrees of flexibility
(Col. 19, lines 10-12).
(Answer 3).
The Examiner acknowledges that “Alt does not disclose that the first
and second segments have different diameters when the stent is in the
expanded state[] and the same diameters when the stent is in the compressed
state.” (Id. at 4.)
Savin is relied upon by the Examiner for teaching “a stent delivery
system wherein the balloon can be tapered or stepped in order to expand the
stent in a tapered orientation.” (Id.) Savin is also relied upon for teaching
that configuration allows for delivery to coronary arteries, peripheral arteries
and visceral arteries, veins, and to the biliary tree, the urinary tract, and the
gastro-intestinal tract (id.). Savin also discloses that only a portion of the
claims under 35 U.S.C. § 103(a) (Br. 5-6). Thus, the statutory ground for
the rejection before is 35 U.S.C. § 103(a).
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