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
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