Appeal No. 2002-0741
Application No. 08/935,348
As noted at the outset, during prosecution of the parent
‘858 application, this merits panel affirmed-in-part rejections
of claims under appeal therein under 35 U.S.C. § 103(a). The
prior art relied upon in the affirmed rejections, most notably
Japanese Laid Open application 6-9622 (Kao KK) and Kenny et al.
“Medical-Grade Acrylic Adhesive for Skin Contact” Journal of
Applied Polymer Science, vol. 45, pp. 355-61 (1922), remain prior
art with respect to the claimed subject matter in the present
application. The examiner should determine whether any claim of
the present application is unpatentable over the combined
teachings of Kao KK and Kenny, either alone or in combination
with other prior art of which the examiner may be aware. In the
event it is determined that any claim of the present application
is unpatentable over such prior art, an appropriate rejection
under 35 U.S.C. § 103(a) should be made.
SUMMARY
The rejection of claims 1-20 under 35 U.S.C. § 112, first
paragraph, is affirmed as to claims 1-12, but is reversed as to
claims 13-20.
The rejection of claims 13-19 under 35 U.S.C. § 102(b) is
reversed.
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