Appeal No. 2003-0233
Application 09/103,874
prior art product does not necessarily or inherently possess the
relied-upon characteristics of the appellants’ claimed product.
See In re Fitzgerald, 619 F.2d 67, 70, 205 USPQ 594, 596 (CCPA
1980); In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433-34
(CCPA 1977).
Baumgartner discloses a pliable soft tissue specimen which
has been prepared by treating collagenous tissues such as skin,
vessels, nerves, sinews, fasces cartilage and dura mater, with a
dehydration solvent such as ethanol, propanol, methanol,
isopropanol, acetone, methylethylketone or mixtures thereof
(col. 2, lines 33-60). Baumgartner teaches (col. 2, lines 37-
46):
Due to the optimum freeing of fibers and fibrils the
biological material, dura mater for instance, shows in
its histological image a morphological structure very
similar to the native tissue.
Thus properties are obtained which correspond very
well to the properties of the native tissue.
Practically, the elasticity is conserved and the
extensibility is simultaneously quite negligible. The
limit of elasticity amounts, for instance to 1.45 kp.
Noishiki discloses an antithrombotic collagenous medical
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