Ex parte STARLING et al. - Page 3




                 Appeal No. 95-2165                                                                                       Page 3                        
                 Application                                                                                                                            

                 an oral cavity thereby not significantly volatilizing at this                                                                          
                 temperature, the plasticizer having little solubility with                                                                             
                 water and saliva to prevent extraction and preserve the                                                                                
                 plasticizing effect, the plasticizer not being acutely toxic in                                                                        
                 the doses to be used in conjunction with the adhesive.                                                                                 

                                                       THE REFERENCES OF RECORD                                                                         
                          As evidence of unpatentability, the examiner relies upon                                                                      
                 the following references of record.                                                                                                    
                 Kilian et al. (Kilian)                                4,010,545                                    Mar.  8,                            
                 1977                                                                                                                                   
                 Lee, Jr. et al. (Lee)                                 4,340,529                                    Jul. 20,                            
                 1982                                                                                                                                   
                 Orlowski et al. (Orlowski)                            4,479,782                                    Oct. 30,                            
                 1984                                                                                                                                   
                 Cohen                                                 5,154,613                                    Oct. 13,                            
                 1992                                                                                                                                   

                                                                THE REJECTIONS                                                                          
                          Claims 1 and 10 stand rejected under 35 U.S.C. § 112,                                                                         
                 paragraph one, “as the specification as originally filed, does                                                                         
                 not provide support for the invention as now claimed.”3                                                                                
                          Claims 1 and 3 through 9 stand rejected under 35 U.S.C.                                                                       
                 § 102(b) as anticipated by Kilian or Orlowski.                                                                                         
                          Claims 1 and 5 through 9 stand rejected under 35 U.S.C.                                                                       
                 § 102(b) as anticipated by Lee.                                                                                                        

                          3Answer, page 3.                                                                                                              







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