Ex parte GAFFAR et al. - Page 14




          Appeal No. 1995-4903                                                        
          Application No. 07/926,016                                                  


          of the specific materials.  See Brief, page 5.  We disagree.                
          Haefele(‘002) discloses an oral composition for plaque                      
          containing both a bisguanamide and an anticalculus agent.  See              
          column 1, lines 39-43.  We find that the bisguanamides are                  
          exemplified by chlorhexidine or salts thereof. We further find              
          that chlorhexidine and its salts are the bisguanamides of                   
          choice.  See Examples V through XXIII.                                      
               Numerous phosphonic acids including many patents drawn to              
          phosphonic acid containing anticalculus agents are disclosed                
          by Haefele(‘002) beginning at column 4, line 28 through column              
          7, line 4.  Based upon this extensive disclosure, we conclude               
          that any phosphonic acid anticalculus agent may be used with                
          Haefele’s(‘002) preferred chlorhexidine.  However, the                      
          specific azacycloalkane-2,-diphosphonate of the claimed                     
          subject matter is not taught.                                               
               Ploger(‘772) discloses the diphosphonic acids of the                   
          claimed subject matter, and teaches that the compounds are                  
          useful in toothpastes and mouthwashes where they prevent                    
          formation of tartar and plaque.  Hence, we conclude that they               
          are by definition anticalculus agents.  See Abstract and                    
          column 3, lines 38-43.  Based upon the above considerations,                
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