Ex parte CARTMELL et al. - Page 7




          Appeal No. 96-0928                                                          
          Application 08/310,971                                                      


               Furthermore, the hydrogel impregnated in Cartmell’s                    
          absorbent layer 18 will not absorb wound exudate upon contact               
          with a wound because of the presence of Cartmell’s additional               
          hydrogel layer 22 which lies between the impregnated absorbent              
          layer 18 and the wound site.  Thus, claims 1, 10 and 19 further             
          distinguish over Cartmell by reciting that the hydrogel                     
          impregnated in the absorbent layer absorbs wound exudate upon               
          contact with the wound.                                                     
               For the foregoing reasons, we cannot agree that Cartmell is            
          a proper anticipatory reference for the subject matter of claims            
          1 through 5, 7 through 14, 16, 17 and 19.  We must therefore                
          reverse the § 102(b) rejection of these claims based on the                 
          Cartmell patent.                                                            
               We also must reverse the § 103 rejection of claims 1 through           
          5, 7 through 14, 16, 17 and 19 based on the combined teachings of           
          Cartmell and Perrault inasmuch as Perrault does not rectify the             
          foregoing deficiencies of Cartmell.  The Perrault reference                 
          discloses a visual indicator for detecting a state of dehydration           
          of a hydrogel composition.                                                  
               Thus, while Perrault may contemplate the unintentional                 
          tendency of hydrogel to dehydrate under certain conditions during           
          storage, it is clear from the Perrault disclosure that the                  


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