Ex parte JIANG et al. - Page 3




                 Appeal No. 2000-0320                                                                                     Page 3                        
                 Application No. 08/480,082                                                                                                             


                                                                   BACKGROUND                                                                           
                          The appellants' invention relates to devices and methods                                                                      
                 for preventing the formation of post-surgical adhesions                                                                                
                 between a healing trauma site and adjacent surrounding tissue                                                                          
                 (specification, p. 1).  A copy of the claims under appeal is                                                                           
                 set forth in the appendix to the appellants' brief.                                                                                    


                          The two prior art references of record relied upon by the                                                                     
                 examiner in rejecting the appealed claims are:1                                                                                        
                 Thompson                                     5,531,735                                             July  2,                            
                 1996                                                                                                                                   
                                                                                         (filed Sept. 27, 1994)                                         
                 Viegas et al.                                         5,587,175                                             Dec.                       
                 24, 1996                                                                                                                               
                 (Viegas)                                                                (filed Dec. 28, 1993)                                          



                          Claims 1 to 9 and 18 to 26 stand rejected under 35 U.S.C.                                                                     
                 § 103 as being unpatentable over Viegas in view of Thompson.                                                                           




                          1The other five references referred to by the appellants                                                                      
                 (brief, pp. 7-10, 25-27) and the examiner (answer, p. 3) were                                                                          
                 not relied upon by the examiner in the rejection under appeal.                                                                         
                 Accordingly, we will not consider these references in this                                                                             
                 appeal.                                                                                                                                







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