Appeal No. 2002-0910 Page 9
Application No. 09/229,855
REMAND TO THE EXAMINER
While, for the reasons discussed above, we do not find the teachings of Fox
sufficient to establish an anticipation of the subject matter of claim 8, we remand this
application to the examiner to consider whether the teachings of Fox, in combination
with official notice regarding the use of bandages and medicaments in wound treatment
at the time of appellants’ invention, would have been suggestive of the subject matter of
claim 8, so as to establish a prima facie case of obviousness thereof under 35 U.S.C.
§ 103(a). In particular, Fox teaches a method of fastening an ultrasonic transducer to
the exterior surface of a patient’s skin and emitting ultrasound from the operative
surface of the transducer toward the skin to drive medicament into the pores of the skin.
Fox also teaches that the use of ultrasonics in wound healing was well known in the art
at the time of appellants’ invention. Further, the application of adhesive bandages and
medicaments, such as anti-septic ointments, on open wounds to aid in the healing
thereof was so well established at the time of appellants’ invention that official notice
can be taken thereof.3 The examiner should consider whether it would have been
obvious, in light of the above, to one of ordinary skill in the art to fasten Fox’s bandage
on a patient’s skin adjacent a wound and emit ultrasound from the transducers thereof
3 See In re Ahlert, 424 F.2d 1088, 1091, 165 USPQ 418, 420 (CCPA 1970); In re Malcolm, 129
F.2d 529, 54 USPQ 235 (CCPA 1942).
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