Ex parte KAPLAN et al. - Page 3




                     Appeal No. 1997-3712                                                                                                                                              
                     Application 08/474,340                                                                                                                                            


                     over Glick in view of Miller.1,2                                                                                                                                  
                                                                                   OPINION                                                                                             
                                We have carefully considered all of the arguments                                                                                                      
                     advanced by appellants and the examiner and agree with                                                                                                            
                     appellants that the aforementioned rejections are not well                                                                                                        
                     founded.  Accordingly, we reverse these rejections.  We need                                                                                                      
                     to address only the broadest claim, i.e., claim 81.                                                                                                               
                                                     Rejection over Granowitz in view of                                                                                               
                                                           appellants’ admitted prior art                                                                                              
                                Granowitz discloses a suture (32) wound around a reel                                                                                                  
                     (11) placed in a sealed inner envelope (34) which is enclosed                                                                                                     
                     in a strippable, i.e., peelable, outer envelope (36).                                                                                                             
                     Granowitz teaches (col. 4, lines 41-42) that the package can                                                                                                      
                     be of the type disclosed by Buccino (U.S. 2,949,181).                                                                                                             
                     Buccino’s inner envelope is made of polyethylene or polyvinyl                                                                                                     
                     film and his outer envelope is made of polyester or other film                                                                                                    


                                1 Obviousness-type double patenting rejections in the                                                                                                  
                     final rejection (pages 2-3) have been overcome by the filing                                                                                                      
                     of a terminal disclaimer (communication from the examiner                                                                                                         
                     filed June 27, 1997, paper no. 18).                                                                                                                               
                                2 Appellants and the examiner should address whether there                                                                                             
                     is sufficiently clear antecedent basis for “said sealed                                                                                                           
                     pocket” in claim 88.                                                                                                                                              
                                                                                          3                                                                                            





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