Ex parte BLOM et al. - Page 9




          Appeal No. 97-3294                                                          
          Application 08/408,225                                                      



          Contrary to the view set forth in the main brief (pages 12,                 
          13, 19 and 20), we determined, supra, that the content of                   
          claims 14 and 15 was anticipated by the Blom patent.                        


                                      Claim 16                                        
                    We reverse the rejection of claim 16, a claim                     
          requiring means for introducing fluid into contact with a                   
          retainer soluble in fluid. Blom discloses the dissolving of                 
          half of a gelatin capsule (retainer) 416 upon contact with                  
          saliva and mucus, i.e., naturally occurring body fluids.                    
          Simply stated, we discern no teaching in Blom of a distinct                 
          structure that would be encompassed by the means for                        
          introducing a fluid into contact with  the retainer, as                     
          specified by claim 16.                                                      


                                The obviousness issue                                 
                    We reverse the rejection of claim 6 under 35 U.S.C.               
          § 103.                                                                      





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