Appeal No. 2000-1747
Application No. 08/784,237
The examiner finds that “Lambert discloses (3:3-31)
dissolving amino acids, etc. into the solution that forms the
hydrophilic layer” (Answer, page 8). Since appellant’s
specification discloses that amino acids are osmolality
promoting agents, the examiner asserts that the claimed
subject matter is anticipated by Lambert (id., citing page 3,
line 33 - page 4, line 2, of appellant’s specification).
However, the examiner’s factual basis is incorrect since
Lambert, at column 3, lines
3-31, discloses adding a catalyst for isocyanate curing which
may be chosen from different types of amines (see column 3,
lines
9-10 and 13-14). The exemplified amines taught by Lambert do
not include any amino acids. Accordingly, it is clear that2
the rejection of claims 1-3, 7-9, and 13-14 under 35 U.S.C.
§ 102(b) over Lambert cannot be sustained.
2The term “amino acid” is a known chemical term
representing various amino-containing aliphatic acids such as
glycine, leucine, etc. See Hackh’s Chemical Dictionary 44-45
(3d ed., The Blakiston Co., New York, 1953, copy not
attached). No acids, much less amino acids, are exemplified
at column 3, lines 18-22, of Lambert.
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