Ex parte EHRET - Page 2




          Appeal No. 96-0393                                                          
          Application 07/955,258                                                      


          1.   Reservoir system for prolonged and constant diffusion, in an           
          environment which is aqueous or subjected to the action of water,           
          of an active principle which is soluble or which can be made                
          soluble in the said environment, characterized in that it is                
          made, at least in part, of a nonwoven consisting of continuous              
          monofilaments or/and of microfibers made of thermoplastic                   
          synthetic polymers, the said nonwoven being (a) treated either,             
          if it is hydrophobic in nature, with a polysiloxane or a polymer            
          based on polysiloxane or with a quaternary ammonium salt of                 
          amphoteric type, or, if it is hydrophilic in nature, with a                 
          perfluorinated compound or with a water-repelling agent based on            
          an acrylic resin and paraffin, and (b) fashioned, or combined               
          with a sheet of an impermeable material, into the shape of a                
          closed bag containing the active principle, and in that, for a              
          given active principle, the degree of hydrophily conferred or               
          left on the nonwoven and the dimensions of the nonwoven which               
          define the surface area for exchange between the internal volume            
          and the aqueous environment for which it is intended are variable           
          and adjusted for the desired linear release kinetics.                       
               In rejecting the appealed claims on prior art grounds, the             
          examiner relies on these references:                                        
          Tenno et al. (Tenno)       Hei 3[1991]-38503        Feb. 19, 1991           
          (Japanese Kokai patent application)                                         
          Clem et al. (Clem)         Sho 62[1987]-246999      Oct. 28, 1987           
          (Japanese Kokai patent application)                                         
               Appellants and the examiner refer to abstracts of the above-           
          cited Japanese references.  However, for the purposes of                    
          appellate review, we have obtained English translations of the              
          full text of each reference.  Copies of the English translations            
          are enclosed with this opinion.  The issue presented for review             
          is whether the examiner erred in rejecting claims 1 through 4, 6            
          and 7 under 35 U.S.C. § 103 as unpatentable over Japanese Kokai             


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