Ex parte CUMMINGS et al. - Page 4




          Appeal No. 96-1415                                                          
          Application No. 08/088,625                                                  


          in the examiner’s answer.  As a result, we conclude that none               
          of the rejections will be sustained, but that some of the                   
          appealed claims should be rejected pursuant to 37 CFR                       
          1.196(b).  Our reasons for these conclusions are discussed                  
          under separate headings below.                                              
          Rejection (1)                                                               
               In explaining this rejection, the examiner stated that he              
          considered the dressing component [sic: bottom of the contact               
          component 12] of Gilman ‘362 to be “continuously planar,” as                
          claimed, notwithstanding the presence of one or more holes 22               
          therein, but alternatively, that it would have been obvious to              
          utilize instead a permeable material such as disclosed by                   
          Sims’ barrier 20.  In response to appellants’ argument that                 
          Gilman’s dressing component and contact component are not                   
          “releasably attached directly to each other,” as recited in                 
          claims 1, 43 and 54, the examiner noted Gilman’s Figs. 7 and                
          10 to 12, in which dressing component 44 is directly attached               
          to contact component 12 (Fig. 7) or absorbent layer 76 is                   
          releasably secured over vent sheet 68 (Figs. 10 to 12).                     
          Appellants argue in their reply brief that neither of these                 
          embodiments teaches a releasable, direct attachment.                        
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