Ex parte CARTMELL et al. - Page 9




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


          18.  Accordingly, we must also reverse the § 103 rejection of               
          claim 18.                                                                   
               With regard to the §§ 102(b) and 103 rejections based on the           
          Wokalek patent, this reference discloses a hydrogel sheet for               
          covering a wound site.  As described in column 3, lines 20-21 of            
          the Wokalek specification, a gauze dressing may be used to cover            
          the hydrogel sheet, and a compression bandage may be placed on              
          top of the gauze dressing.  Based on this disclosure, the                   
          examiner has taken the position that “the gauze layer would                 
          inherently impregnate [sic, be impregnated with] the hydrogel               
          since the hydrogel is pliable enough to adapt to the shape of the           
          wound and it is compressed against the gauze layer also” (answer,           
          page 5).                                                                    
               Even if it is assumed arguendo that a portion of Wokalek’s             
          hydrogel sheet will to some extent necessarily and, hence,                  
          inherently become impregnated in the overlying gauze dressing               
          upon application of the compression bandage, the Wokalek                    
          reference is still subject to the same deficiencies discussed               
          supra with regard to the Cartmell patent.                                   
               In particular, the Wokalek patent contains no disclosure,              
          either express or inherent, that a selected water content in the            
          disclosed range of 95% to 98% is obtained by dehydration, i.e.,             
          by removal of water.  Wokalek therefore does not meet the claim             
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