Ex Parte Serafica et al - Page 4

                Appeal 2007-4217                                                                             
                Application 10/345,394                                                                       
                      Moreover, as also noted by the Examiner, the Specification teaches                     
                that Appellants’ microbial-derived cellulose amorphous gel wound dressing                    
                may be cut prior to application in order to conform to the wound to be                       
                treated (Answer 6-7 (citing the Specification, ¶ 0035)).  Appellants respond                 
                that the paragraph cited by the Examiner relates to the preparation of the                   
                cellulose starting material, and not preparation of the gel (Reply Br. 2).                   
                      The portion of the Specification relied upon by the Examiner teaches:                  
                            Suitable bioreactors are selected which minimize                                 
                      evaporation and provide adequate oxygen-limiting conditions.                           
                      Oxygen-limiting conditions may be varied depending upon the                            
                      desired water content and thickness of the cellulose film.                             
                      Generally, under oxygen-limited conditions, oxygen is present                          
                      in an amount of 5%- 21% of the total gas present at the air                            
                      liquid interface.  The bioreactor is composed of plastic box                           
                      fitted with an airtight cover or a limited gas-permeable cover.                        
                      Dimensions of the bioreactor can vary in configuration (cube or                        
                      cylinder) depending on the shape and size of the cellulose film                        
                      being produced.  For example, a six inch diameter cylinder will                        
                      produce a six inch diameter dressing, which can be used as is                          
                      or cut to conform to the wound to be treated, prior to                                 
                      application.  By limiting the amount of oxygen in the                                  
                      fermentation medium, it is hypothesized that the Acetobacter                           
                      utilizes the carbon available in the medium to produce more                            
                      cellulose instead of using it for reproduction, thereby increasing                     
                      the total yield of cellulose.                                                          
                (Specification ¶ 0035 (emphasis added).)  We also note that at the end of the                
                processing and depyrogenation procedures of Example 1, the Specification                     
                states that the cleaning process provided a nonpyrogenic cellulose pad                       
                (Specification 8), which again implies some sort of shape and something that                 
                may be cut.  While Example 2 (Specification 9) is specifically entitled                      
                “Production of a Microbial Cellulose Amorphous Gel,” requiring processing                    


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