Appeal No. 2001-0645
Application No. 09/055,472
gel filler material comprising glucomannan. Only appellants
teach the use of such a filler material for an implantable
prosthesis, and the benefits derived therefrom.2 Thus, the
rejection is clearly based on the use of impermissible hindsight.
Since the evidence of obviousness would not have been suggestive
of the claimed invention, the rejection on appeal cannot be
sustained.
REVERSED
IRWIN CHARLES COHEN )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
LAWRENCE J. STAAB ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
)
JEFFREY V. NASE )
Administrative Patent Judge )
ljs:vsh
2 See page 2, lines 21-22, of appellants’ specification.
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