Ex parte CARTMELL et al. - Page 5




          Appeal No. 97-1029                                                          
          Application 08/456,166                                                      


               body part.  Thus, for wrapping the extremities of                      
               the human body, such as the hand or foot, the width                    
               of the bandage is from about 1 inch to about 3                         
               inches, preferably about 2 inches.  The length of                      
               the bandage is selected so as to be effective to                       
               wrap the entire area of the human or animal body                       
               part to which the bandage is to be applied.  For                       
               example, the length of the bandage can be from about                   
               2 to about 6 feet, with a length of about 4 feet                       
               being preferred for most practical uses [column 3,                     
               lines 28 through 41].                                                  
          Romaine indicates that this bandage is “packageable in a small              
          and compact form because it can be spirally rolled for                      
          storage” (column 1, lines 57 through 59).                                   


               Claims 25, 29 and 30, the three independent claims on                  
          appeal, recite a wound packing comprising, inter alia, a                    
          flexible wound packing material “in the form of a                           
          substantially flat, coiled, spirally-cut layer.”  The                       
          examiner’s determination that the Romaine bandage when                      
          spirally rolled for storage meets this limitation (see pages                
          5, 7 and 8 in the main answer) is not well taken.  Although                 
          the Romaine bandage as so rolled arguably would be coiled, it               
          still would not be a substantially flat, spirally cut layer as              
          claimed.  The examiner’s finding to the contrary is unsound                 
          because it is predicated on an unreasonable interpretation of               
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