Appeal No. 2006-1891 Παγε 5
Application No. 09/874,218
mesh(s) 14, reinforcement solids in the foam (paragraphs 46-51), and/or
by a fibrous layer (paragraphs 59-63). The fixation component as
claimed, may be the fibrous layer and/or reinforcement mesh(s) 14. The
fibrous layer may include anchors such as non-absorbable staples
[answer at page 3].
As such, the examiner is of the view that foam component 12 may be considered
a foam tissue scaffold component, the mesh 14 may be considered a fixation
component that supports the component 12 and that the solids (paragraph 46 to 51)
may be considered reinforcing components as broadly claimed.
Appellants argue that Melican does not describe a fixation device which includes
both a tissue scaffold support and an anchor means.
In our view, the mesh 14 provides support for the foam component, at least to
some extent and therefore is a scaffold support and the sutures or staples connected to
the mesh 14 are anchors as they anchor the device within the body. As such, the
fixation device includes a scaffold support and an anchor means. Therefore, we will
sustain this rejection.
In summary:
The examiner's rejection of claims 1 to 5, 7 to 11 and 13 under 35 U.S.C.
§ 102(e) as being anticipated by Gresser is sustained. The examiner's rejection of
claim 14 under 35 U.S.C. § 102(e) as being anticipated by Gresser is not sustained.
The examiner's rejection of claims 1 to 14 under 35 U.S.C. § 102(e) as being
anticipated by Melican is sustained.
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