Appeal No. 2006-0272
Application No. 09/986,124
Gelatin, which is proteinaceous, is specified as equivalent to alginate
(column 3 line 47). Medicinal sponges are disclosed (column 1 line 14),
Generation of carbon dioxide is specified (example 1 column 5), indicative
of the role of carbonate as a blowing agent.
Answer, page 5.
In response, appellants argue (Brief, page 4)
the first and second aqueous solutions to the present invention are in fact
separate from one another and that the first aqueous solution includes the
proteinaceous material and one of a blowing agent or a titrant, while the second
aqueous solution in accordance with the present invention comprises a
component with is reactable with the proteinaceous material of the first solution
and the other of the blowing agent or the titrant. Thus, concurrently with the
reaction between the proteinaceous material of the first solution with the
reactable component of the second solution in response to mixing of the two
solutions, the blowing agent and titrant will likewise react to evolve a gas to
impart a cellular foam structure to the otherwise solid proteinaceous biopolymeric
material.
Therefore, the appellants conclude that the two solutions of Nussinovitch do not
contain the required components of the claims. “There is absolutely no disclosure. . . in
Nussinovitch whereby one part of a two-part reactable solution kit contains both a
proteinaceous material and a blowing agent, and wherein a second part of the two-part
reactable solution kit comprises both a solution which is reactable with the
proteinaceous material to form a biopolymeric material, and an acidic titrant reactable
with the blowing agent sufficient to impart a cellular foam structure to thereto.” Brief,
page 5.
The standard under § 102 is one of strict identity. “Under 35 U.S.C. § 102, every
limitation of a claim must identically appear in a single prior art reference for it to
anticipate the claim.” Gechter v. Davidson, 116 F.3d 1454, 1457, 43 USPQ2d 1030,
1032 (Fed. Cir. 1997). “Every element of the claimed invention must be literally present,
3
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007