Ex Parte Fedida

Board of Patent Appeals and Interferences

Aug 29, 2007

09526547 (B.P.A.I. Aug. 29, 2007)

The opinion in support of the decision being entered 1
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today is not binding precedent of the Board

UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte JOSE FEDIDA
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Appeal 2007-2366
Application 09/526,547
Technology Center 3700
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Decided: August 29, 2007
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Before: WILLIAM F. PATE, III, MURRIEL E. CRAWFORD and
JENNIFER D. BAHR, Administrative Patent Judges.

CRAWFORD, Administrative Patent Judge.

DECISION ON APPEAL

STATEMENT OF CASE
Appellant appeals under 35 U.S.C. § 134 (2002) from a final rejection
of claims 18, 19, and 21 to 30 and 32 to 39. We have jurisdiction under 35
U.S.C. § 6(b) (2002). An oral hearing was held on this case on August 8,
2007.
Appeal 2007-2366
Application 09/526,547

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Appellants’ invention relates to a structure of a prosthesis intended to
be implanted in a human or animal passage, and to a prosthesis with such a
structure. (Specification 1).
Claim 18 under appeal reads as follows:
18. A structure of a prosthesis intended to be implanted
in a human or animal passage to provide through-passage along
said passage, said structure comprising:
at least one mesh which, at least in part, is approximately
cylindrical and comprises at least one corrugated filament
forming approximately annular units linked together, at least
some corrugations of said corrugated filament of two respective
adjacent units of said annular units being linked together by a
plurality of linking means, wherein at least some of said linking
means comprise links which are made as a rigid piece,
wherein each of said links is provided with a sole central
portion and two loops, one loop at each of the ends of said
central portion,
wherein each of said two loops allows (a) a first shape of
an arc of a circle prior to linking and (b) a second shape of an
entirely closed loop, in the linking position,
wherein each of the two closed loops of each of said links
entraps, in said linking position, with some clearance, a
respective one of two of said corrugations, which are to be
linked together.

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Application 09/526,547

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The Examiner rejected claims 18, 19, 22, 26, 27, 29, 30, 33, 37 and 38
under 35 U.S.C. § 102(b) as being anticipated by Goicoechea or in the
alternative under 35 U.S.C. § 103 as being unpatentable over Goicoechea.
The Examiner rejected claims 23, 28, 34 and 39 under 35 U.S.C.
§ 103 as being unpatentable over Goicoechea.
The Examiner rejected claims 21, 24, 25, 32, 35 and 36 under 35
U.S.C. § 103 as being unpatentable over Goicoechea in view of Lau.1
The prior art relied upon by the Examiner in rejecting the claims on
appeal is:
Goicoechea US 5,609,627 Mar. 11, 1997
Lau US 5,873,906 Feb. 23, 1999

Appellant contends that Goicoechea fails to disclose or suggest a link
with a sole central portion and two loops, one at each end of the central
portion wherein each of the loops entraps, in said linking position with some
clearance a respective one of two corrugations which are to be linked
together.

ISSUES
Whether the Appellant has shown that the Examiner erred in finding
that Goicoechea discloses or suggests a link with two loops which each
entrap one of two corrugations with some clearance.

1 The Examiner has withdrawn the rejection of claims 29 and 40 under
35 U.S.C. § 112, second paragraph (Answer p. 10).
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Appeal 2007-2366
Application 09/526,547

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FINDINGS OF FACT
Appellants’ invention relates to a prosthesis which is intended for
implantation into a human or animal passage (Specification p. 7). The
prosthesis includes corrugated units UA to be linked by links 5
(Specification p. 8; Fig. 1). The links comprise two loops B1 and B2 which
when closed entrap and thereby link one of two corrugated units UA with
some clearance so that the corrugated units can move freely (Specification p.
8, Figs. 1 and 2).
Goicoechea discloses a prosthesis intended for implantation into a
human or animal passage (col. 1, ll 13 to 15). The prosthesis is comprised of
corrugated units which may be connected by a staple (col. 9, ll 58 to 61; Fig.
4F). Goicoechea does not disclose the structure of the staple. Figure 4F
does not depict the staple as formed by two loops each of which entraps one
of two corrugated units to be connected. In fact, it appears from Figure 4F
that the staple is formed by only one loop. In addition, Goicoechea does not
disclose or depict that the corrugated units are joined with some clearance.
Lau does not disclose or suggest links comprised of two loops which
when closed entrap and thereby link one of two corrugated units with some
clearance so that the corrugated units can move freely.

DISCUSSION
We will not sustain the Examiner’s rejections. Each of the
independent claims requires a link with two loops, each loop linking one of
two corrugated units with some clearance. Goicoechea does not disclose,
nor does it suggest such a link. Each of the rejections of the Examiner
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Application 09/526,547

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relies on Goicochea for teaching the claimed link. Lau does not cure the
deficiencies of Goicochea.
The decision of the Examiner is reversed.

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REVERSED

vsh

JAMES E LEDBETTER ESQ
STEVENS, DAVIS, MILLER AND MOSHER LLP
1615 L STREET, NW, SUITE 850
P.O. BOX 34387
WASHINGTON DC 20043-4387

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