Appeal No. 2001-0645
Application No. 09/055,472
prosthesis such as a breast implant. Independent claims 1 and 7,
reproduced below, are illustrative of the appealed subject
matter.
1. A prosthesis for implantation in a mammalian
body comprising:
a) a shell made from a flexible, non-absorbable
biocompatible material; and
b) a gel filler material contained within said
shell wherein said gel filler material comprises
glucomannan.
7. A method of making a prosthesis for
implantation into a mammalian body which comprises
filling a shell made from flexible, non-absorbable
biocompatible material with a filler material
comprising glucomannan.
The references cited in the final rejection are:
Perry et al. (Perry) 5,282,857 Feb. 01, 1994
McGinley et al. (McGinley) 5,462,761 Oct. 31, 1995
Claims 1-9 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Perry in view of McGinley.
The examiner considers (Office Action dated October 16,
1998, Paper No. 3, page 3) that Perry discloses an implantable
prosthesis useful in breast augmentation and/or replacement
comprising an outer envelope of medical grade silicon and a gel
2
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