Appeal No. 95-1484
Application 08/070,650
are in compliance with the requirements of 35 U.S.C. § 112,
second paragraph .3
B
However, Claims 57, 64-66, and 68 stand on a different
footing since they read in relevant part:
. . . reticulated cellulose is characterized when viewed
with a scanning electron microscope by a reticulated
structure having strands of cellulose that interconnect
forming a grid-like pattern extending in three dimensions
to give a fenestrated appearance.
In considering the patentability of these claims, we
refer both the examiner and appellants to Ben-Bassat et al.
(Ben-Bassat), U.S. Patent 5,144,021, patented September 1,
1992. U.S. 5,144,021, issued from Application 07/633,761,
filed January 30, 1991. Application 08/070,650 of this appeal
was filed June 1, 1993, as a continuation of Application
07/657,178, filed February 19, 1991. Both Applications
07/633,761 and 07/657,178 are divisionals of Application
07/196,496, filed May 19, 1988, now U.S. Patent 5,079,162.
To the extent the examiner is troubled by appellants’ use3
of the qualifying word “substantially” in these claims, the
examiner should review the decision in In re Mattison, 509 F.2d
563, 184 USPQ 484 (CCPA 1975).
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