Appeal No. 97-0774 Application 08/121,525 fluid in a patient’s cavity. Claim 26, the only other independent claim on appeal, specifically recites that the sponge members form a nasal pack to absorb body fluids. Furthermore, all of the appealed independent claims recite that the sponge members are slidably mounted on a flexible strand means. All of the independent appealed claims additionally recite that the sponge members are adapted to be moved along the flexible strand means to engage adjacent sponge members. Contrary to the examiner’s findings on page 3 of the answer, Schoenholz does not disclose a surgical sponge assembly as such. Instead, this reference discloses a catamenial tampon having a plurality of absorbent masses 1, such as sponges, mounted on a thread 2. In contrast to appellants’ claimed invention, Schoenholz’s sponge members are attached at spaced apart intervals to thread 2 as shown in the embodiment of Figure 2 of the patent drawings. The examiner concedes on page 3 of the answer that Schoenholz’s sponge members are fixedly attached to the thread rather than being slidably mounted thereon. He nevertheless concludes as follows: It would have been obvious to one of ordinary skill in the art at the time the invention was made to omit the securing means on elements 1 in Figs. 2, 3 or 4 to allow the sponge material to move along the thread 2, when the function of the attachment is not desired. The elimination of the attachments allow the device to operate in the manner of applicant’s device. The -3-Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007