Ex parte SMITH et al. - Page 8




              Appeal No. 1996-3860                                                                                     
              Application 08/312,819                                                                                   



              the art.  In re Clay, 966 F.2d 656, 659, 23 USPQ2d 1058, 1060 (Fed. Cir. 1992).  This the                
              examiner has failed to do.                                                                               
              Rejections I, II, and III.                                                                               
                     We reverse these rejections.                                                                      
                     Each of these rejections relies upon Talbot.  Talbot discloses a process for                      
              wrapping articles with two moistened cup shaped regenerated cellulose materials that are                 
              telescopically joined with an adhesive and then dried and shrunk to fit about the article.               
              See Figure 6 and page 2, lines 3-11.  The wrapper protects the article from any adverse                  
              conditions to which it is exposed.                                                                       
                     Barshay discloses the application of adhesive to the end of caplets that are                      
              encased in gelatin capsules that are telescopically joined.  Weidenheimer describes                      
              preparing a soft gelatin capsule by treating the gelatin with a small amount of plasticizer              
              (because of its toxicity to humans) to hydrate the gelatin.  Wai discloses a process for                 
              forming a medicament gelatin capsule with formaldehyde in order that the prepared                        
              capsule will swell without breaking, when in contact with gastric juices.  Boardman                      
              discloses a process of employing a polymeric sealant to seal gelatin capsules joined                     
              telescopically.                                                                                          


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