Appeal No. 1997-2175
Application No. 08/201,522
appellant and the examiner concerning the above noted
rejections.
OPINION
Neither of these rejections can be sustained.
We consider the examiner to have provided little if any
rationale or evidence in support of her burden of establishing
a prima facie case of claim indefiniteness with respect to the
§ 112, second paragraph, rejection of claims 9, 15 and 16. In
any event, whatever case for indefiniteness the examiner may
have established is more than counterbalanced by the argument
and evidence provided by the appellant in support of his
contrary view. Thus, for the reasons expressed in the Brief,
we will not sustain the rejection under consideration.
The examiner's § 103 rejection of the appealed claims
likewise cannot be sustained. As properly noted by the
appellant, the examiner's obviousness conclusion appears to be
based upon her clearly incorrect view that Nambu discloses a
wound dressing material of the type here claimed wherein the
polyvinyl alcohol component thereof may be present in an
amount as small as 1.5% by weight. The appellant has
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