Appeal 2007-2496
Application 10/096,299
increasing the cardiac performance of a diseased heart comprising the steps
of 1) providing surgical access to a ventrical chamber of the diseased heart
(col. 3, ll. 52-55) ; 2) providing a preshaped expandable member preshaped
to alter an existing geometry of the ventricular chamber of the diseased heart
(col. 6, ll. 55-66) ; 3) inserting the preshaped expandable member through
said surgical access into said ventricular chamber (col. 3, ll. 55-58); and 4)
inflating the preshaped expandable member (col. 6, ll. 55-66). The issue is
thus whether Deskalakis teaches a preshaped expandable member 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.
Our mandate is to give claims their broadest reasonable interpretation.
In re American Academy of Science Tech Center, 367 F.3d 1359, 1364, 70
USPQ2d 1827, 1830 (Fed. Cir. 2004). “An essential purpose of patent
examination is to fashion claims that are precise, clear, correct, and
unambiguous. Only in this way can uncertainties of claim scope be removed,
as much as possible, during the administrative process.” In re Zletz, 893
F.2d 319, 322, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989). The Specification
teaches that
a serious complication of cardiomyopathy and other heart
diseases is an enlarged (hypertrophic) heart. An enlarged heart
is very inefficient at properly pumping blood. A large amount
of ventricular "dead space" exists wherein the blood volume of
the ventricle is not fully expelled with each contraction of the
ventricle. The unexpelled blood reduces the amount of
oxygenated blood that is provided to the patient's vascular
system and can result in severe complications to the health of
the patient. The teachings of the present invention include
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