Ex parte JOCHUM et al. - Page 5




                 Appeal No. 95-1999                                                                                                                     
                 Application No. 08/047,381                                                                                                             


                          in which, at least one of R  or R  represents H; and2         3                                                                  
                          with the proviso that said composition is suitable for                                                                        
                 preparing a temporary dental restorative material having a                                                                             
                 hard and inflexible consistency.                                                                                                       





                                                     THE REFERENCES OF RECORD                                                                           
                          The Examiner relied upon the following references of                                                                          
                 record.                                                                                                                                
                 Foley, Jr. (Foley)                                    4,243,790                                    Jan. 6,                             
                 1981                                                                                                                                   
                 Strüver et al. (Strüver)                                       4,319,015                                    Mar.                       
                 9, 1982                                                                                                                                





                                                               THE REJECTIONS                                                                           
                          Claims 39 through 44 stand rejected under 35 U.S.C. § 103                                                                     
                 as unpatentable over Foley or Strüver.2                                                                                                

                          2In the Final Rejection dated 02/08/94, the examiner                                                                          
                 rejected claims 23 through 38.  Two proposed amendments, both                                                                          
                 dated April 28, 1994, were submitted.  The first proposed                                                                              
                 amendment canceled claims 23 through 38 and added claims 39                                                                            
                 through 44.  The proposed supplemental amendment added claims                                                                          
                 45 through 47.  In an advisory action dated 05/12/94, the                                                                              
                                                                                                            (continued...)                              
                                                                           5                                                                            





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