Ex Parte RASMUSSEN - Page 4




         Appeal No. 2002-2062                                       Page 4          
         Application No. 09/207,631                                                 


              The primary reference, Tourniaire (FR 2,564,728), is relied           
         upon by the examiner for disclosing a method for making a breast           
         prosthesis from silicone elastomer employing a mold.  The mold of          
         Tourniaire includes a bottom wall containing mold cavity for               
         containing the liquid elastomer with an opening therein left open          
         to allow for dilation during heating or curing that shapes and             
         hardens the elastomer according to the examiner.  The examiner             
         also notes that Tourniaire discloses the option of placing the             
         prosthesis in an envelope after molding thereof.  See pages 4              
         and 5 of the answer.                                                       
              The examiner acknowledges that Tourniaire does not disclose           
         molding silicone (curable compound) in a bag or applying vacuum            
         to a bottom wall of the mold cavity.  See pages 3 and 5 of the             
         answer.  In fact, the examiner has not shown nor do we find where          
         Tourniaire discloses any of appellant’s claimed steps of: (1)              
         joining foil sheets to form a prosthesis bag having a filling              
         opening; (2) filling the bag with a curable compound and                   
         subsequently sealing the bag filling opening; (3) placing the              














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