Appeal No. 1998-2806
Application No. 08/459,721
it follows that we will not sustain the examiner’s rejection
of claims 18 through 20 under 35 U.S.C. § 102(b) or that of
claims 21 through 26 under 35 U.S.C. § 103.
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 prepared
by appellants in the claims on appeal or which teaches or
suggests the use of biocompatible synthetic triglycerides as a
filler material in a surgically implantable prosthesis.
Moreover, there is no mention of a method of formulating or
preparing the triglycerides disclosed in Destouet, or of any
method for preparing synthetic triglycerides at all. Since
Destouet does not sufficiently describe or adequately teach a
filler material for a surgically implantable prosthesis
wherein said filler material comprises a biocompatible
9
Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: November 3, 2007