Appeal No. 1997-4259
Application No. 08/259,474
for implants comprising a flexible shell enclosing a filler
material and implants containing the filler material.
Independent claims 1, 7, 9, 12, 27 and 30 are representative
of the subject matter before us on appeal and a copy of those
claims, as reproduced from the Appendix to appellants’ brief,
is attached to this decision.
The sole prior art reference of record relied upon by the
examiner in rejecting the appealed claims is:
Destouet et al. (Destouet) 4,995,882 Feb. 26,
1991
Claims 9 and 30 stand rejected under 35 U.S.C. § 112,
first paragraph, as being based on a specification which fails
to provide an adequate written description of the invention.
According to the examiner (answer, page 4), appellants have
failed to define standard mammographic procedures, intensities
and exposure times.
Claims 9 and 30 additionally stand rejected under 35
U.S.C. § 112, second paragraph as being indefinite for failing
2
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