Appeal No. 2005-1298
Application No. 09/423,523
in many application[s]. . . . ” Flesher further discloses a
preferred utility for article that is intended for contact with
the human or animal body. However, this disclosure would not
preclude a person of ordinary skill in the art from suitability
using the air/gas permeable material. See Merck, supra.
For the reasons set forth above and in the answer, I
believe the Examiner has established a prima facie case of
obviousness within the meaning of 35 U.S.C. § 103 with respect
to at least appealed claim 4. I express no view concerning the
other claims on appeal since the obviousness versus
nonobviousness of these claims has not been separately addressed
by the majority.
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