Ex Parte LEE et al - Page 10




             Appeal No. 2003-2147                                                                              
             Application No. 09/392,243                                                                        
             prior to the filing date of the present application, September 9, 1999.  Hiles discloses the      
             treatment of tissue mucosa with a disinfecting agent which is desirably an oxidizing              
             agent, and preferably hydrogen peroxide.  Col. 4, lines 44-67.   Hiles states that the            
             process will eliminate contaminants but will also produce a tissue which “exhibits no             
             substantial degradation of physical and mechanical properties,” i.e., the tissue will be          
             preserved.  (Col. 7, lines 1-8).                                                                  
                                                CONCLUSION                                                     
                   The rejection of claim 42 under 35 U.S.C.  §112, second paragraph for                       
             indefiniteness is reversed.  The rejection of claims 21-27 and 36-54 under 35 U.S.C.              
             §103(a), as obvious in view of Van Gorp in view of Balslev and Oles  is reversed.                 
                   The application is returned to the examiner to determine the relevance of Hiles to          
             the claimed subject matter.                                                                       

















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