Appeal 2007-4217
Application 10/345,394
1. A microbial-derived cellulose amorphous gel wound dressing
comprising a cellulose content by weight selected from the group
consisting of about 1.0% to about 99%, about 2.5% to 65%, about
3.0% to 50%, 3.5% to about 12%, 4% and 7%, wherein the
dressing is flowable.
The Examiner relies on the following references:
Yamanaka US 5,558,861 Sep. 24, 1996
Rhodes US 5,662,924 Sep. 2, 1997
Hobson US 6,399,092 B1 Jun. 4, 2002
We affirm.
DISCUSSION
Claims 1, 3, 5-7, 11, and 14-16 stand rejected under 35 U.S.C. §
102(b) as being anticipated by Yamanaka. As Appellants have not argued
the claims separately, claims 3, 5-7, 11, and 14-16 stand or fall with claim 1.
37 C.F.R. § 41.37(c)(1)(vii) (2006).
According to the Examiner, the claims are directed to a gel/wound
dressing comprising 4-7% of cellulose (Answer 4). Claim 15 specifies that
the cellulose is obtained from Acetobacter xylinum (id.). Yamanaka is cited
for teaching “a cellulose, wound dressing composition comprised of: 5%
microbial cellulose, since 95% is water (see col. 3, line 34), obtained from
Acetobacter xylinum (col. 2, line 55-67).” (Id.)
The burden is on the Examiner to set forth a prima facie case of
unpatentability. See In re Glaug, 283 F.3d 1335, 1338, 62 USPQ2d 1151,
1152 (Fed. Cir. 2002). In order for a prior art reference to serve as an
anticipatory reference, it must disclose every limitation of the claimed
invention, either explicitly or inherently. See In re Schreiber, 128 F.3d
1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997). “[W]hen the PTO
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