Appeal No. 1999-0226 Page 11
Application No. 08/447,217
find therein any teaching that an aqueous solution of
polyethylene glycol has been used as a filler material for a
breast prothesis. While Schäpel does teach that polyol gels
according to his invention can be used as a filling substance
for breast protheses (see column 14, lines 57-67) and that a
solubilizing agent such as polyethylene glycol can be used as
an auxiliary agent in the gel composition if pharmaceuticals
are to be incorporated in the gel composition (see column 12,
lines 10-20), Schäpel does not specifically disclose that an
aqueous solution of polyethylene glycol has been used as a
filler material for a breast prothesis. Moreover, it is our 6
opinion that the only suggestion for modifying Peterson in the
manner proposed by the examiner to meet the claimed "aqueous
solution of polyethylene glycol" limitation stems from
hindsight knowledge derived from the appellants' own
disclosure since the applied prior art lacks any teaching,
suggestion or incentive supporting the combination of Peterson
and Schäpel to arrive at the claimed invention. The use of
6Schäpel discloses many uses for his gel composition
other than being used as a filling substance for breast
protheses.
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