Ex Parte Chaouk et al - Page 2

               Appeal 2006-3116                                                                             
               Application 10/809,140                                                                       

                      providing a prepolymer composition that will form a hydrogel when                     
               brought into contact with a gelation initiator;                                              
                      contacting the prepolymer with the gelation initiator in the gelation                 
               chamber so that it forms a hydrogel in the gelation chamber; and                             
                      extruding the hydrogel from the delivery device as a hydrogel string.                 
                      The references relied on by the Examiner are:1                                        
               Tanabe                         US 5,443,454              Aug. 22, 1995                      
               Sawhney                        US 6,152.943              Nov. 28, 2000                      
                      The Examiner has rejected appealed claims 1 through 8 under 35                        
               U.S.C. § 103(a) as being unpatentable over Sawhney in view of Tanabe                         
               (Answer 3-4).                                                                                
                      Appellants state that “[t]he claims stand or fall together” (Br. 2).                  
               Thus, we decide this appeal based on representative appealed claim 1.                        
               37 C.F.R. § 41.37(c)(1)(vii) (2005).                                                         
                      We affirm.                                                                            
                      We refer to the Answer and to the Brief for a complete exposition of                  
               the positions advanced by the Examiner and Appellants.                                       
                                                OPINION                                                     
                      We have carefully reviewed the record on this appeal and based                        
               thereon agree with the supported position advanced by the Examiner that,                     
               prima facie, the claimed method for forming a hydrogel string encompassed                    
               by appealed claim 1 would have been obvious over the combined teachings                      
               of Sawhney and Tanabe to one of ordinary skill in this art at the time the                   
                                                                                                           
               1  The Examiner cites as evidence relied upon a text and a dictionary citation               
               with respect to arguments advanced by Appellants that are not included in                    
               the sole ground of rejection (Answer 2, 3, and 5).  Consideration of these                   
               documents is not necessary to our decision.                                                  
                                                     2                                                      


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