Ex Parte Barone - Page 3



           Appeal 2007-1666                                                                        
           Application 10/132,904                                                                  

                                        THE REJECTION                                              
                 The Examiner relies upon the following as evidence of unpatentability:            

                  Yin                    US 5,711,076            Jan. 27, 1998                     

                 The following rejections are before us for review.                                
                 Claims 1-35 are rejected under 35 U.S.C. § 102(b) as being anticipated by         
           Yin.                                                                                    
                                              ISSUE                                                
                 The anticipation issues before us rest on whether the Appellant has shown         
           that the Examiner erred in rejecting claims 1-35 under 35 U.S.C. § 102(b) as            
           anticipated by Yin.                                                                     
                 The first anticipation issue turns on whether Yin expressly or inherently         
           discloses a guard comprised of a water-insoluble compliant component and a              
           water-soluble lubricious component integrally formed therewith and substantially        
           uniformly mixed therewith.                                                              
                 The second anticipation issue turns on whether Yin expressly or inherently        
           discloses that the integrally formed and substantially uniform mixture of the guard     
           is capable of being positioned relative to a skin surface so as to be the initial skin- 
           contacting surface.                                                                     
                                       FINDINGS OF FACT                                            
                 We find the following facts by a preponderance of the evidence:                   


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