Ex parte WOZNIAK et al. - Page 2




                Appeal No. 96-3935                                                                                                        
                Application 08/209,673                                                                                                    


                1.142(b).  Claims 1, 11 through 25 and 39 have been canceled.                                                             

                        Appellants’ invention relates to a viscoelastic memory means comprising a hydrophilic polymer                     

                and to a viscoelastic memory flow control valve for use in an auto-destruct injection device.  Respective                 

                independent claims  40, 49 and 6 are representative of the subject matter on appeal and a copy of                         

                those claims, as reproduced from the Appendix to appellants’ brief, is attached to this decision.                         



                        The prior art references of record relied upon by the examiner in rejecting the appealed claims                   
                are:                                                                                                                      


                Wozniak et al. (Wozniak)                        4,781,683                Nov.   1, 1988                                   

                Popular Science, “One-time throwaway,” July 1989, page 16                                                                 

                Popular Science, “Weapon against AIDS,” December 1989, page  59                                                           



                        Claims 2 through 7 and 40 through 48 stand rejected under 35 U.S.C. § 102(b) as being                             

                anticipated by Wozniak.                                                                                                   



                        Claims 8 through 10 and 49 stand rejected under 35 U.S.C. § 103 as being unpatentable over                        

                Popular Science Dec. 1989 or July 1989 in view of Wozniak.                                                                




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