Ex Parte Bicek et al - Page 7

                Appeal 2007-2563                                                                             
                Application 10/058,640                                                                       



                Fig. 3 shows a tie member (50) connected at the peak or apex of the W-                       
                shaped element (Dang, col. 5, ll. 20-28).                                                    
                6.  The Examiner finds that Dang’s W-shaped elements (Dang, col. 2, ll. 50-                  
                62, and Figs. 2 and 7) satisfy the limitation in claims 1 and 10 of “serpentine              
                bands” (Answer 3) and of “serpentine bands . . . consisting of a plurality of                
                interconnected struts . . . of substantially the same length” as recited in claim            
                1 (Answer 3).                                                                                
                7.  The Examiner finds that “tie members” disclosed in Dang (Dang, col. 2,                   
                ll. 62-67 and Figs. 2 and 7) meet the limitation of claims 1 and 10 of a                     
                “plurality of wishbone connectors, each  . . . having an elongate portion that               
                does not overlap” with the serpentine bands (Answer 3-4).                                    
                Dinh                                                                                         
                8.  “With reference to Figures 5[B] and 6[B], Dinh teaches a stent 160                       
                having plurality of serpentine bands 162 connected by a plurality of                         
                wishbone connectors 166, the serpentine bands 162 comprising alternating                     
                peaks and troughs, the number of peaks in the stent being twice the number                   
                of wishbone connectors 166” (Answer 7; Dinh, col. 7, ll. 13-20).                             
                9.  “Dinh also teaches that the width of the serpentine bands 162 is greater                 
                than that of the wishbone connectors 166 to create a stent having selectively                
                variable radial rigidity and longitudinal flexibility” (Answer 7; Dinh, col. 7,              
                ll. 13-61).                                                                                  
                10.  The Examiner concludes “in view of the teachings it would have been                     
                obvious to one of ordinary skill in the art at the time the invention was made               
                to have modified the stent disclosed by Dang to incorporate the features                     

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