Appeal No. 1995-4903
Application No. 07/926,016
at column 4, lines 19-19, column 9, lines 15-20, column 8,
lines 1-14 and claim 6. See Answer, pages 16 and 17.
The portions of Hayes relied upon by the examiner focus
on those parts of the Hayes patent, which disclose components
falling within the scope of appellants’ claimed subject
matter. However, contrary to the examiner’s analysis of
Hayes, patentee is replete with teachings of the presence of
phosphonic groups which may provide anticalculus or antiplaque
effect. See column 3, lines 9-51. The optional presence of
numerous antibacterial agents is disclosed at column 5, line
55 through column 6, line 6.
Similarly, the examiner relied upon those portions of de
Vries, which disclose components falling within the scope of
appellants' invention. De Vries is likewise replete with
teachings of the presence of phosphonic groups which may
provide anticalculus or antiplaque effect. See column 3, line
43 to column 4, line 22. Similarly the optional presence of
numerous antibacterial agents is disclosed at column 7, line
63 through column 8, line 14.
In both the Hayes and de Vries patent the respective
disclosures include components which are azacycloalkane-
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