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Ex Parte WARING et al - Page 1Legal Research Home > Board of Patent Appeals and Interferences > 2006 > Ex Parte WARING et al - Page 1 Sponsored Links
The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte MICHAEL J. WARING, and
ELIZABETH JACQUES
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Appeal No. 2006-2797
Application No. 09/341,821
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ON BRIEF
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Before ADAMS, MILLS, and LEBOVITZ, Administrative Patent Judges.
LEBOVITZ, Administrative Patent Judge.
DECISION ON APPEAL
This appeal involves claims to an aerosol barrier vessel comprising a wound gel.
The examiner has rejected the claims as obvious over prior art. We have jurisdiction
under 35 U.S.C. § 134. We affirm-in-part.
Background
The application relates to multi-dose wound gels. Specification, page 1, lines
7-10. “The gels are usually packaged in a tube and applied to the wound from the
tube.” Id., page 1, lines 28-29. “If packaged in a multi-dose tube there is a risk with
some gels that once the tube is opened, bacteria will enter the tube and proliferate in
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