Ex parte WOZNIAK et al. - Page 3




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


                        Rather than reiterate the examiner's full statement of the above-noted rejections and the                         

                conflicting viewpoints advanced by the examiner and appellants regarding those rejections, we make                        

                reference to the examiner's answer (Paper No. 30, mailed December 15, 1995) for the examiner's                            

                reasoning in support of the rejections, and to appellants’ brief (Paper No. 29, filed August 25, 1995)                    

                for appellants’ arguments thereagainst.                                                                                   



                                                               OPINION                                                                    



                        In reaching our decision in this appeal, we have given careful consideration to appellants’                       

                specification and claims, to the applied prior art references, and to the respective positions articulated                

                by appellants and the examiner.  As a consequence of our review we have reached the determinations                        

                which follow.                                                                                                             



                Looking first to the examiner's rejection of appealed claims 2 through 7 and 40 through 48 under 35                       

                U.S.C. § 102(b) as being anticipated by Wozniak, we note that the examiner has taken the position that                    

                Wozniak discloses (col. 4, lines 2-6) a viscoelastic memory means comprising a polyethylene oxide                         

                having a molecular weight within the claimed range and which is crosslinked                                               




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