Appeal No. 1997-3712
Application 08/474,340
Appellants have presented credible evidence in the form
of the Kaplan declaration that one of ordinary skill in the
art would not have interpreted the prior art relied upon by
the examiner as indicating that a peelable metal foil laminate
pouch is suitable for packaging an absorbable suture, and the
examiner has presented no evidence or technical reasoning to
the contrary. On this record, therefore, we conclude that the
examiner has not established a prima facie case of obviousness
of appellants’ claimed invention over Granowitz in view of
appellants’ admitted prior art. Consequently, the rejection
over this prior art is reversed.
Rejection over Glick in view of Miller
Glick discloses an air-tight sealed envelope which is
substantially impervious to water vapor, may be made of a
laminate film having a metallic foil layer, and contains a dry
absorbable synthetic suture (abstract). A strippable outer
envelope, which can be made of various plastic, paper and
metallic foil materials such as those of Buccino, can be
formed around the water-impervious sealed envelope (col. 10,
7
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