Ex Parte Johnson - Page 4

                Appeal 2007-2766                                                                                
                Application 09/880,615                                                                          
                6. “The stent can be formed from a sintered cylindrical tube or sintered                        
                metal sheet which can be laser cut or chemical etched into an expandable                        
                stent structure” (Yan, at col. 2, ll. 11-14; at col. 2, ll. 39-46; Answer 4).                   
                7. “A sheet or tube of sintered metal can be cut in the desired shape to form                   
                the metal structural member with a laser, such as a continuous CO2 laser, a                     
                pulsed YAG laser, or an excimer laser, for example, or alternatively, by                        
                chemical etching or stamping” (Yan, at col. 7, ll. 44-49).                                      
                8. The stent described by Yan can comprise outer and inner core layers                          
                comprising pores of different diameters, where the core’s pores have a larger                   
                diameter than the pores of the outer layer to control the rate at which drugs                   
                are released into the walls of the vessel (Yan, at col. 2, ll. 20-32; at col. 8, ll.            
                52-55; see Fig. 12.  See also Answer 3).                                                        


                The Solovay Patent                                                                              
                9. Solovay describes a stent covering which has different porosities along its                  
                length (Answer 5).  Typically, tissue ingrowth and re-endothelialization are                    
                desired at the ends of the stent.  To encourage ingrowth into this region, the                  
                stent covering “is more porous, and in those regions w[h]ere it is desirable to                 
                inhibit such ingrowth, the stent covering is substantially non-porous”                          
                (Solovay, Abstract; see also at col. 2, ll. 2-9; at col. 3, ll. 35-41; Fig. 6).                 
                10. Ingrowth can also be controlled by pore size and density, using smaller                     
                diameter and/or less dense porosity to inhibit ingrowth, and larger diameter                    
                and higher porosity to encourage it (Solovay, at col. 2, ll. 2-41; at col. 4, ll.               
                53-67; Fig. 6).                                                                                 
                11. Each longitudinally spaced region of different porosity has the same                        
                porosity around its circumference (see Solovay, Fig. 6; Answer 5).                              

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