Appeal No. 2000-1682 Page 14
Application No. 08/845,503
The microprotrusions disclosed in Gross are tubular
elements or needles. These tubular elements or needles are
not flat edged cutting parts and as such in our view are not
blades with elongated cross sections as recited in claim 1.
As such, we will not sustain this rejection as it is directed
to claim 1 or claims 2 and 3 dependent thereon.
In regard to the recitation in claim 4 of a depth
determining step, the examiner argues that the depth
determining step is inherent in the Gross disclosure since the
skin layer thickness must be determined prior to implementing
the Gross device and because the Gross device envisions
variations in the length of the microprotrusions.
Gross does not disclose that the microprotrusions cut
into the stratum corneum but not into the dermis. Rather, the
device pierces the layer of dead cells on the skin.
Therefore, the Gross device may very well pierce the layer of
dead cells on the skin and extend into and cut the dermis of
the skin. As such, we will not sustain this rejection as it
is directed to claim 4 or claims 5, 10 and 11 dependent
therefrom.
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