Ex parte LEVINSON - Page 5




          Appeal No. 2000-0298                                                        
          Application No. 08/832,013                                                  


          because there is no suggestion in Wood and Matejcek to use the              
          foam  therein disclosed as a biasing means.  We agree with the              
          reasoning of the appellant, and thus we will not sustain the                
          examiner's rejection.                                                       
               Chung discloses that the bladder 40 is comprised of                    
          resilient open-celled polyurethane foam.  Chung also discloses              
          that this foam may be replaced with a spring or diaphragm or                
          other biasing mechanism.   Wood while disclosing that                       
          compressed foam which is expandable may be utilized for                     
          insertion into the body, also discloses that this foam is soft              
          and hydrophilic.  Wood does not teach or suggest that the foam              
          is resilient or can be utilized as a biasing means.  Likewise,              
          while Matejcek does disclose a compressed foam, Matejcek                    
          discloses nothing about the resiliency of this foam or the use              
          of the foam as a biasing means.  None of these mechanisms                   
          meets the limitations in independent claims 1, 10 and 13                    
          requiring a biasing means which has an initial, relaxed,                    
          compressed position and is expandable upon the absorption of                
          fluid.                                                                      
               As it is our opinion that there is no suggestion in                    
          either Matejcek or Wood for utilizing the foam therein                      
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