Appeal No. 95-1999
Application No. 08/047,381
is a hydroxy alkyl acrylate or methacrylate. It is
bifunctional in that it contains both an acrylyl or
methacrylyl group and hydroxy functionality. The initiator
system is disclosed in column 5, lines 13-20. The styrene
type monomer includes alpha-aryl styrene as required by the
instant claim. See column 3, line 44. Although, this
composition per se appears to be substantially that required
by claim 39, the examiner has either ignored or misinterpreted
critical limitations of claim 39. Accordingly, we will not
sustain the examiner’s rejection.
Claim 39 requires that the composition be a dental
composition containing a dental compound which is a
bifunctional or polyfunctional acrylic ester. Moreover, there
is a requirement in claim 39 that states, "with the proviso
that said composition is suitable for preparing a temporary
dental restorative material having a hard and inflexible
consistency." The examiner argues that, "the proviso reciting
intended use will not be given patentable weight because the
intended composition is directed to two monomers (acrylic acid
or ester and styrene) and an initiator. The proviso reciting
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