Ex parte MORI et al. - Page 2




                 Appeal No. 95-4812                                                                                                                     
                 Application No. 08/170,839                                                                                                             


                 excellent rheological properties (i.e., good paste-shape                                                                               
                 retention properties ).  To achieve these improved properties,2                                                                                                  
                 appellants’ toothpaste composition includes a cationically-                                                                            
                 modified hydroxyethylcellulose having a particularly high                                                                              
                 molecular weight and a particular cationization degree as a                                                                            
                 thickening agent. Further details of the claimed invention are                                                                         
                 illustrated by appealed claim 1 which is reproduced below:                                                                             
                          1.  A toothpaste composition comprising:                                                                                      
                          (1) a water-soluble bactericide selected from the group                                                                       
                 consisting of pyridinium compounds, quaternary ammonium                                                                                
                 compounds and biguanide compounds in an amount of 0.001% to                                                                            
                 5.0% by weight, based on the total weight of the composition;                                                                          
                          (2) a cationacally-modified hydroxyethylcellulose having                                                                      
                 an average molecular weight of 1,000,000 or higher in the                                                                              
                 hydroxyethylcellulose portion thereof and having a                                                                                     
                 cationization degree of 0.05 to 0.5 mol/glucose in an amount                                                                           
                 of 0.5% to 5.0% by weight, based on the total weight of the                                                                            
                 composition;                                                                                                                           
                          (3) a surfactant selected from the group consisting of                                                                        
                 polyoxyethylene polyoxypropylene block copolymers and                                                                                  

                          2Toothpastes exhibiting ideal rheological properties have                                                                     
                 non-Newtonian behavior known as “pseudoplasticity”, i.e., the                                                                          
                 toothpaste stays in place until directed to spread by a                                                                                
                 physical force.  See Ogawa, “Toothpaste formula retaining                                                                              
                 activities of cationic antimicrobials”, Sunstar INC.  This                                                                             
                 reference is referred to in the brief as “Document 2”.  See                                                                            
                 the brief at page 7.  No publication date has been provided                                                                            
                 for the reference. Thus, its availability as prior art is                                                                              
                 uncertain.                                                                                                                             
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