Appeal No. 2002-0450
Application No. 09/142,814
methods of Silver are substantially similar to the instant methods of preparing a wound
dressing material. Id.
The examiner summarizes:
Although Berg does not fully teach the incorporation of second
biodegradable polymers such as polylactic acid, polyglycolic acid
copolymers in their composition, both Silver and Arnold respectively
indicate the use of second polymer in their compositions as means to
control releasing rate of the porous beads, or improving the
biodegradation of their matrix system; therefore, it would have been
obvious to one ordinary skilled in the art at the time of invention to add the
second, non-porous biodegradable polymer, as taught by Silver or Arnold,
to Berg=s composition in the form of a coating to improve the duration of
activity, release rate or the biodegradation of such wound dressing
material when place in a wound site. Id.
We, again disagree with the examiner=s characterization of the diffusion control layer
described by Silver and the matrix layer of Arnold. The disclosure of Silver particularly
concerns a collagen sponge or sheet material. Column 3, lines 34-43. According to
Silver, column 6, lines 45-64, each side of the collagen based matrix may be coated
with a diffusion control layer which may be a biodegradable layer of polylactic acid or
polyglycolic acid.
Appellants argue that the only form of collagen based matrix described in Silver
is in the form of a sheet and not beads. Brief, page 8. Appellants argue that Arnold
only discloses microsphere supported in a porous matrix and Silver only discloses
sheets of matrix material. Id. The Appellants conclude that the only suggestion to do
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