The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte MICHAEL J. WARING, and
ELIZABETH JACQUES
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Appeal No. 2006-2797
Application No. 09/341,821
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ON BRIEF
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Before ADAMS, MILLS, and LEBOVITZ, Administrative Patent Judges.
LEBOVITZ, Administrative Patent Judge.
DECISION ON APPEAL
This appeal involves claims to an aerosol barrier vessel comprising a wound gel.
The examiner has rejected the claims as obvious over prior art. We have jurisdiction
under 35 U.S.C. § 134. We affirm-in-part.
Background
The application relates to multi-dose wound gels. Specification, page 1, lines
7-10. “The gels are usually packaged in a tube and applied to the wound from the
tube.” Id., page 1, lines 28-29. “If packaged in a multi-dose tube there is a risk with
some gels that once the tube is opened, bacteria will enter the tube and proliferate in
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