Ex parte BECK - Page 10




          Appeal No. 2001-0129                                                        
          Application No. 09/035,655                                                  


          to Col.2, line 9).  Masuda discloses that the medical device                
          or planar fibrous pad is preferably a hollow blood processing               
          device employing cellulose acetate hollow fibers (Col. 4,                   
          lines 40 to 62).  Masuda does not disclose that the medical                 
          device or fibrous pad is rigid.  Therefore, we will not                     
          sustain the examiner’s rejection of claim 1 and claims 2 and 3              
          dependent thereon.  Likewise, we will not sustain this                      
          rejection as it is directed to claim 5 and claims 6, 8 and 9                
          dependent thereon because claim 5 recites “providing at least               
          one rigid, planar fibrous pad.”                                             
               We turn next to the examiner’s rejection of claims 4 and               
          7 under 35 U.S.C. § 103 as being unpatentable over Masuda in                
          view of Siciliano.  The examiner relies on Siciliano for                    
          teaching a pad formed from an absorbent material being                      
          fabricated from cotton.  The examiner concludes:                            


               It would have been obvious to one having ordinary                      
               skill in the art at the time the invention was made                    
               to have formed the planar fibrous pad as taught by                     
               Masuda of cotton as taught by Siciliano since cotton                   
               material                                                               
               is an effective material for absorbance of body fluids                 
               . . .[examiner’s answer at page 7].                                    


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