Appeal No. 1995-4903
Application No. 07/926,016
combining the respective components of Vinson and Ploger. We
disagree.
The examiner relies upon Irani for its teaching that
phenolic bactericides can be improved in bactericidal activity
in the presence of a polyphosphonic acid. See column 1, lines
40-45. However, the examiner has not shown that Irani
discloses either of the claimed components. Nor is this
hypothesis a sufficient teaching that one of ordinary skill in
the art would use it to select either of the required
components of the claimed subject matter.
Parran discloses an oral care composition containing
triclosan in combination with tartrate-succinate as an
anticalculus composition. Parran discloses that adjunct
materials may be added to the composition including a
diphosphonate. See column 12, lines 36-40. However, the
function of the phosphonate is never disclosed and no
correlation with anticalculus activity is presented by Parran.
Indeed, Parran relies upon other specific components to
provide anticalculus activity. We interpret Parrans’ silence
on the function of the phosphonates as indicative of a lack of
anticalculus activity. Accordingly, we conclude that there is
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