Ex parte MILNER - Page 4




                 Appeal No. 95-3875                                                                                                                     
                 Application 08/049,613                                                                                                                 


                 released (col. 5, lines 15-18; col. 6, lines 47-50).                                                                                   
                          The portion of Mochizuki relied upon by the examiner (answer, page 4) teaches                                                 
                 that mixing cationic antimicrobial agents with conventional natural rubber latices                                                     
                 causes the natural rubber latices to either gel instantaneously or have an unduly short                                                
                 pot life (col. 2, lines 44-51).  Mochizuki discloses that antimicrobial latex compositions                                             
                 having sufficiently long pot life to be molded into products including medical devices                                                 
                 are produced by incorporating a cationic antimicrobial agent into a cationic natural or                                                
                 synthetic rubber latex (col. 3, lines 20-42).                                                                                          
                          The examiner argues that substitution of Stephenson’s aqueous antimicrobial                                                   
                 solution for Stockum’s polymeric solution would have been obvious to one of ordinary                                                   
                 skill in the art who was not concerned with expense and who desired an even                                                            
                 distribution of antimicrobial agent throughout a surgical glove (answer, pages 3-4).                                                   
                 This argument is not persuasive because the examiner has not pointed out where                                                         
                 Stephenson discloses that his aqueous solution distributes throughout the surgical aid.                                                
                 Stephenson states that his antimicrobial composition is retained by the elastomeric                                                    
                 heparin polymer layer on the surface of the surgical aid (col. 6, lines 27-28 and 47-50),                                              
                 which indicates that the antimicrobial composition does not disperse throughout the                                                    
                 surgical aid.                                                                                                                          
                          The examiner argues that permeation of antimicrobials is a direct result of                                                   
                 dipping an uncured glove into an aqueous antimicrobial solution (answer, page 5).                                                      
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