Ex parte KRONENTHAL et al. - Page 2




          Appeal No. 97-0774                                                          
          Application 08/121,525                                                      

               The invention disclosed in the subject application relates             
          to a surgical sponge assembly having a plurality of individual              
          sponge members (12) slidably mounted on a flexible strand (16)              
          between a retaining stop (32) and a slide member (18) to form a             
          surgical nasal pack for insertion into a patient’s nasal passage.           
          The slide member (18) is selectively slidable along the flexible            
          strand (16) to compress the individual sponge members between the           
          slide member and the retaining stop.                                        
               A copy of the appealed claims, as these claims appear in the           
          appendix to appellants’ brief, is appended to this decision.                
               The following reference is relied upon by the examiner as              
          evidence of obviousness in support of his rejection under  103:            
          Schoenholz et al.           3,965,905               June 29, 1976           
          (Schoenholz)                                                                
               Claims 1, 2, 8, 10, 11, 18, 26, 29 and 45 stand rejected               
          under 35 U.S.C.  103 as being unpatentable solely over                     
          Schoenholz.                                                                 
               We have carefully considered the issues raised in this                 
          appeal together with the examiner’s remarks and appellants’                 
          arguments.  As a result, we conclude that the rejection of the              
          appealed claims cannot be sustained.  Our reasons for this                  
          conclusion follow.                                                          
               Independent claims 1 and 45 call for a surgical sponge                 
          assembly having a plurality of sponge members for contacting                

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