Ex parte CUMMINGS et al. - Page 5




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


               We do not consider this rejection to be well taken.                    
          While the Fig. 7 embodiment of Gilman ‘362 does disclose the                
          direct attachment of dressing component 44 to contact                       
          component 12 by adhesive 46, there is no disclosure that such               
          attachment is releasable (see col. 4, lines 7 to 10), nor is                
          it inherent that it would be.  As for Gilman’s Figs. 10 to 12               
          embodiment, the dressing component 76 is disclosed as being                 
          “releasably secured in place over the second vent sheet 68”                 
          (col. 5, lines 43 to 44), but there is no disclosure that it                
          is directly attached to the vent sheet 68 or either of the                  
          other two parts 28, 84 of the contact component; in all                     
          probability, it would be secured to the patient by adhesive                 
          tape 32, as shown in Fig. 2.  Absent an express or inherent                 
          disclosure of the claimed releasable direct attachment, claims              
          1, 43 and 54, and the claims dependent thereon, are not                     
          anticipated.  See In re Schrieber, 128 F.3d 1473, 1477, 44                  
          USPQ2d 1429, 1431 (Fed. Cir. 1997) (claim not anticipated                   
          unless prior art reference discloses every limitation, either               
          explicitly or inherently).  As for claims 66 and 67, there is               
          no disclosure in Gilman ‘362 of placing a second composite                  
          dressing over a wound over which a first contact component is               
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