Appeal No. 2006-2797 Page 2
Application No. 09/341,821
the gel.” Id., page 1, lines 30-33. This has caused manufacturers to add preservatives
to gels. Id., page 1, lines 33-35. “Some health care professionals are reluctant to
introduce preservatives to a wound and so use single dose tubes containing sterile gel.”
Id., page 1, lines 35-37. The application describes a solution to this problem by
packaging wound gels in barrier aerosol vessels which minimize contamination once
opened, and thus do not require the addition of preservatives. Specification, page 2,
lines 9-14.
Claim construction
Claims 1-6, 8-10, 13-15, and 17-20, which are all the pending claims in this
application, are on appeal. There are three prior art rejections, each involving a
different set of claims (1-4, 13, and 17; 5, 6, 10, 14, 15, and 18; and 8, 9, 19, 20). Brief,
page 2. The claims stand or fall together in each of the three sets because Appellants
have grouped the claims together under a single heading without providing separate
reasons for patentability for any individual claims. 37 CFR ¶ 41.37(c)(vii). We select a
single claim from each set to decide the appeal as to the ground of rejection.
Claims 1-4, 13, and 17
1. A self-sealing barrier aerosol vessel containing multiple doses of a wound gel
for the treatment of wounds.
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