Ex Parte Bicek et al - Page 8

                Appeal 2007-2563                                                                             
                Application 10/058,640                                                                       


                taught by Dinh to produce a stent that provides variable rigidity and                        
                longitudinal flexibility” (Answer 7).                                                        

                                               DISCUSSION                                                    
                Anticipation by Dang                                                                         
                      Claims 1, 2, 4, 5, 10, 11, 13, and 14 stand rejected under 35 U.S.C.                   
                § 102(b) as anticipated by Dang (Answer 3).                                                  
                      Claim 1 is drawn to a stent having “serpentine bands” and “wishbone                    
                connectors, each . . . having an elongate portion which . . . does not overlap               
                longitudinally with . . . the two serpentine bands” and which has “two legs”                 
                at the proximal and distal ends of the elongate portion.  The Examiner finds                 
                that both elements are described in Dang’s stent (Answer 3-4; Findings of                    
                Fact 6, 7).  Fig. 2 from Dang is reproduced below.                                           









                                                                                                            
                Fig. 2 of Dang has been marked-up to show the correspondence between the                     
                structural elements of Dang’s stent and the stent of claim 1.                                
                      We agree with Examiner’s findings that Dang’s W-shaped elements                        
                satisfy the limitation recited in claims 1 and 5 of “serpentine bands”                       

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