Appeal No. 2002-1671 Page 16
Application No. 08/993,985
For the reasons set forth above, the decision of the examiner to reject claim 4
under 35 U.S.C. § 103 as being unpatentable over Chaikof in view of Berg is affirmed.
Claim 56
In applying the test for obviousness, we reach the conclusion that the combined
teachings of Chaikof and Berg would have made it obvious at the time the invention
was made to a person of ordinary skill in the art to have formed Chaikof's reinforcing
fibers 8 (which constitute the structural support) from a bioabsorbable polymer in view
of (1) Chaikof's teaching that reinforcing fibers 8 can be made from any biocompatable
material including polymers, and (2) Berg's teaching that a bioabsorbable polymer is
probably more desirable than a biostable polymer since the bioabsorbable polymer will
not be present long after implantation to cause any adverse, chronic local response.
The appellants' argument is unpersuasive since the claimed subject matter is
suggested by the combined teachings of Chaikof and Berg for the reasons set forth
above with respect to claims 1 and 4.
For the reasons set forth above, the decision of the examiner to reject claim 56
under 35 U.S.C. § 103 as being unpatentable over Chaikof in view of Berg is affirmed.
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