Appeal No. 1997-4259
Application No. 08/259,474
this regard, we will sustain the examiner’s rejection of
independent claim 12 based on Destouet, but not the rejection
of independent claim 1.
While it is true that Destouet broadly discloses that any
biocompatible triglyceride having an effective atomic number
of 5.9 can be used as a filler material in a silicon envelope
for breast implants, this patent only specifically describes
naturally occurring peanut oil and sunflower seed oil as
examples of suitable filler materials. There is nothing in
the Destouet patent that specifically recognizes the existence
of biocompatible synthetic triglycerides like those claimed by
appellants in claim 1 on appeal or which teaches or suggests
the use of biocompatible synthetic triglycerides as a filler
material in a surgically implantable prosthesis. Since
Destouet does not sufficiently describe or adequately teach a
filler material for a surgically implantable prosthesis
wherein said filler material comprises a biocompatible
synthetic triglyceride, this patent does not place the public
in possession of any such claimed subject matter and we must
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