Appeal No. 2006-0272
Application No. 09/986,124
said second aqueous solution to form said solid proteinaceous
biopolymeric material.
38. The kit of claim 30, wherein the acidic titrant is at least one acid selected
from the group consisting of phosphoric acid, sulfuric acid, hydrochloric
acid, acetic acid and citric acid.
The prior art references cited by the examiner are:
Wang 5,922,379 Jul. 13, 1999
Fattman et al. (Fattman) 6,236,524 Dec. 4, 2001
Nussinovitch 6,589,328 Jul. 8, 2003
Grounds of Rejection
Claims 30 and 38 stand rejected under 35 U.S.C. § 102(e) as anticipated by
Nussinovitch.
Claims 30-47 and 53-54 stand rejected under 35 U.S.C. § 103(a) over
Nussinovitch in view of Wang and Fattman.
We reverse these rejections.
DISCUSSION
Anticipation
Claims 30 and 38 stand rejected as anticipated by Nussinovitch.
To anticipate a claim, a prior art reference must disclose every limitation of the
claimed invention, either explicitly or inherently. In re Schreiber, 128 F.3d 1473, 1477,
44 USPQ2d 1429, 1431 (Fed. Cir. 1997).
According to the examiner, Nussinovitch teaches
biodegradable foams (abstract) made by combining a solution of alginate
and calcium carbonate with a solution of citric acid (example 1 column 5).
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