Appeal 2007-2496
Application 10/096,299
jurisdiction under 35 U.S.C. § 6(b). Claims 61, 70, and 71 are representative
of the claims on appeal, and read as follows:
61. A method of increasing the cardiac performance of a diseased heart,
comprising:
providing a surgical access to a ventricular chamber of the diseased
heart;
providing a preshaped expandable member preshaped to alter an
existing geometry of the ventricular chamber of the diseased heart, and
having a shape which, when installed and inflated in the ventricular
chamber, together with the ventricular chamber more closely approximates
the ventricular geometry of a healthy heart compared to the ventricular
chamber prior to installing and inflating said preshaped expandable member
therein;
inserting said preshaped expandable member through said surgical
access and into said ventricular chamber; and
inflating said preshaped expandable member to said shape which,
together with the ventricular chamber more closely approximates the
ventricular geometry of a healthy heart.
70. The method of claim 61, further comprising visually confirming an
appropriate degree of expansion of the expandable member effected by said
inflating the expandable member.
71. The method of claim 61, further comprising preventing contraction or
further expansion of the expandable member after said inflating the
expandable member to said shape.
The Examiner relies on the following reference:
Daskalakis US 5,192,314 Mar. 9, 1993
We affirm-in-part.
DISCUSSION
Claims 61, 62, 70, and 71 stand rejected under 35 U.S.C. § 102(b) as
being anticipated by Deskalakis.
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