Appeal No. 2002-0450
Application No. 09/142,814
of substantially uniform thickness. This forms a substantially spherical bead. The non-
porous layer forms a substantially continuous coating over the core to substantially
prevent cellular invasion of the core until the layer has fully degraded in the body.
Specification, page 3. In certain embodiments, the material of the invention may be a
fluid, gel or paste comprising the coated beads. Specification, page 4.
35 U.S.C. ' 102
Claims 1-8 stand rejected under 35 U.S.C. ' 102 as anticipated by Arnold.
It is the examiner=s position that (Answer, pages 3-4):
Arnold discloses wound implant material comprising a plurality of one or
more bioabsorbable polymers such as polymers or copolymers of lactic
acid and/or glycolic acid, collagen, hyaluronic acid or cellulose derivatives
bound together by a bioabsorbable matrix .... Arnold=s microspheres
preferably have a diameter of 50 to 250 microns, are in solid, gel or
sponge form. Arnold=s microspheres may further comprise a therapeutic
agent, such as fibronectin, a growth factor, or an antibiotic.... Arnold
specifically teaches the use of a second suitable bioabsorbable polymer
such as polylactic/polyglycolic acid or oxidized regenerated cellulose to
reinforce the integrity of the matrix.... Arnold discloses microspheres of
hyaluronic acid/collagen in a collagen matrix or mesh entity.... Therefore,
Arnold meets the limitations set forth in the instant claims.
To anticipate a claim, a prior art reference must disclose every limitation of the
claimed invention, either explicitly or inherently. In re Schreiber, 128 F.3d 1473, 1477,
44 USPQ2d 1429, 1431 (Fed. Cir. 1997). Appellants argue the beads of Appellants=
invention are not identical to Arnold=s matrix of bound together microspheres.
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