Appeal 2007-1666 Application 10/132,904 THE REJECTION The Examiner relies upon the following as evidence of unpatentability: Yin US 5,711,076 Jan. 27, 1998 The following rejections are before us for review. Claims 1-35 are rejected under 35 U.S.C. § 102(b) as being anticipated by Yin. ISSUE The anticipation issues before us rest on whether the Appellant has shown that the Examiner erred in rejecting claims 1-35 under 35 U.S.C. § 102(b) as anticipated by Yin. The first anticipation issue turns on whether Yin expressly or inherently discloses a guard comprised of a water-insoluble compliant component and a water-soluble lubricious component integrally formed therewith and substantially uniformly mixed therewith. The second anticipation issue turns on whether Yin expressly or inherently discloses that the integrally formed and substantially uniform mixture of the guard is capable of being positioned relative to a skin surface so as to be the initial skin- contacting surface. FINDINGS OF FACT We find the following facts by a preponderance of the evidence: 3Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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