Appeal No. 95-2165 Page 7
Application
adhesive containing the two essential components of the claimed
subject matter, adhesive and plasticizer. See column 3, lines
62 - 66 and column 4, lines 7 - 27. We find that patentee’s
dental cement is curable without heat as evidenced by Examples
1 through 7. Moreover, as the dental adhesive of Cohen is used
in the oral cavity, we find that the characteristics of the
plasticizers used by patentee and required by the claimed
subject matter, of “low vapor pressure at a temperature of an
oral cavity,” “little solubility with water and saliva” and
“not being acutely toxic,” are inherently present in the
plasticizers of Cohen. These recited characteristics are ones
which are necessarily present in dental adhesives to be useful
in the oral cavity.
Furthermore, we cannot agree with appellants argument
that the dental adhesive composition of Cohen, “is
significantly different from that of the applicants...” In
determining the distinctions between the adhesives, if any, our
focus is directed to the claimed subject matter. Our
construction of claim 1, is theat the claimed subject matter is
directed to a dental adhesive comprising adhesive and
plasticizer, wherein the plasticizer has certain required
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