Ex Parte Caceres et al - Page 3



          Appeal No. 2005-2540                                                         
          Application No. 10/026,629                                                   

                    wetting said polymer particles with water through                  
               said envelope during a sufficient time to swell them into a             
               gel mass filling up said bag, and                                       
                    applying said article on said sore part of the                     
          individual’s body maintaining an inner wall in close contact                 
          thereon while allowing water vapor desorbed from said                        
          particles to escape through an opposed outer wall of said                    
          envelope.                                                                    
               The prior art references relied upon by the examiner are:               
          Zafiroglu                       4,897,297          Jan. 30, 1990             
          Goldman et al. (Goldman)        5,669,894          Sep. 23, 1997             
          (effective filing date: Mar. 29, 1994)                                       
          Bahia et al. (Bahia)            6,075,177          Jun. 13, 2000             
          (effective filing date: Jan. 20, 1994)                                       
               The following three rejections are before us for review:                
               1.   Claims 1-5, 7-18 and 20-22 stand rejected under 35                 
          U.S.C. § 103(a) for obviousness in view of Goldman taken with                
          Bahia.                                                                       
               2.   Claims 13 and 23-25 stand rejected under 35 U.S.C.                 
          § 103(a) for obviousness in view of Zafiroglu.                               
               3.   Claims 1-3, 7-9, 11, 14-15, 17 and 20-21 stand rejected            
          under 35 U.S.C. § 103(a) for obviousness in view of Zafiroglu                
          taken in combination with Goldman.                                           
               Based upon the record before us, we conclude that the                   
          examiner has failed to establish a prima facie case of                       
          obviousness with respect to any of the claims on appeal.                     

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