Ex parte WARNER et al. - Page 10




          Appeal No. 1998-1807                                                        
          Application No. 08/090,770                                                  


          polyurethane urea matrix (Abstract).  Hammar also teaches that              
          the disclosed dental articles may be made by liquid injection               
          molding an abrasive particle-liquid mixture (col. 8, lines 10-              
          29).  The polishing tip [20] shown in Figure 2 does have                    
          portions [22] and [28] which can be reasonably described as                 
          “elongated.”  However, we do not find                                       
          that the projecting section or portion [28] terminates in an                
          elongated working face.                                                     
               Since each and every element of claim 1 is not found in                
          either Wiand or Hammar (RCA Corp. v. Applied Digital Data                   
          Sys., Inc., supra), the references do not anticipate claim 1.               
          Therefore, we will not sustain the rejection of claim 1 under               
          35 U.S.C. § 102 based on Wiand or Hammar.  Since claims 2, 8,               
          20 through 26, 30 and 31 are dependent on and include all                   
          limitations of claim 1, it follows that we will also not                    
          sustain the rejections of claims 2, 8, 20, 21, 26, 30 and 31                
          under 35 U.S.C. § 102 based on Wiand or the rejection of                    
          claims 2, 20 through 25 and 31 under 35 U.S.C. § 102 based on               
          Hammar.                                                                     
                               The obviousness issues                                 
               Claims 1 through 14, 20, 21 and 26 through 32 stand                    
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