Appeal No. 2004-2129
Application No. 09/923,118
13. A pressure sensitive adhesive for tissue repair comprising a thermoplastic
lactide-containing terpolymer of monomer units derived from lactic acid, glycolic acid,
and either caprolactone or valerolactone, said terpolymer having an average molecular
weight of 1,000 to 3,000, exhibiting an adhesive strength of about 600 to about 150,000
Pa, having a water solubility of 0.01 to about 500 mg/ml at about 25°C, and having a
glass transition temperature of less than 0°C.
The reference relied upon by the examiner is:
Brine 5,075,115 Dec. 24 1991
The claims stand rejected as follows:
I. Claims 13-16 stand rejected under 35 U.S.C. § 102(b) as being
anticipated by Brine.
II. Claims 13-18 stand rejected under 35 U.S.C. § 112, second paragraph as
being indefinite for failing to particularly point out and distinctly claim the subject matter
which the appellant regards as the invention.
We have carefully considered the respective positions of the appellants and the
examiner and find ourselves in substantial agreement with that of the appellants.
Accordingly, we reverse.
Background and Discussion
As indicated by claim 13 above, the invention is directed to a pressure-sensitive
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