Ex Parte Contiliano et al - Page 2




               Appeal No. 2006-1891                                                                          Παγε 2                                            
               Application No. 09/874,218                                                                                                                      


                       The appellants’ invention relates to bioabsorbable tissue scaffold implant devices                                                      
               that facilitate repair and regeneration of diseased or damaged musculoskeletal tissue.                                                          
               (Specification, p. 1).   A copy of the claims under appeal is set forth in the appendix to                                                      
               the appellants’ brief.                                                                                                                          
                                                           The Prior Art                                                                                       
                       The prior art references of record relied upon by the examiner in rejecting the                                                         
               appealed claims are:                                                                                                                            
               Gresser et al. (Gresser)  US 2001/0008980 A1  Jul.   19, 2001                                                                                   
               Melican et al. (Melican)  US 2002/0120348 A1  Aug. 29, 2002                                                                                     
                                                         The Rejections                                                                                        
                       Claims 1 to 5, 7 to 11, 13 and 14 stand rejected under 35 U.S.C. § 102(e) as                                                            
               being anticipated by Gresser.                                                                                                                   
                       Claims 1 to 14 stand rejected under 35 U.S.C. § 102(e) as being anticipated by                                                          
               Melican.                                                                                                                                        
                       Rather than reiterate the conflicting viewpoints advanced by the examiner and                                                           
               the appellants regarding the above-noted rejections, we make reference to the answer                                                            
               (mailed March 24, 2005) for the examiner's complete reasoning in support of the                                                                 
               rejections, and to the brief (filed February 28, 2005) for the appellants’ arguments                                                            
               thereagainst.                                                                                                                                   




















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