Appeal No. 1995-4903
Application No. 07/926,016
no reason based on this record to substitute the
azacycloalkane diphosphonate compounds of Ploger for the
diphosphonates of Parran.
The balance of the Henkel references and the Kanebo
reference are directed to antibacterial soaps, which would be
neither safe nor effective for utilization in an oral cavity.
Although the examiner states that Henkel and Kanebo describe
the stabilization of triclosan with a diphosphonate in a
bactericidal soap, Answer, page 15, we conclude that
bactericidal soaps cannot be considered as exemplary of an
antibacterial oral composition as required by the claimed
subject matter.
Furthermore, the examiner must show reasons that the
skilled artisan confronted with the same problems as the
inventor and with no knowledge of the claimed invention, would
select the elements from the cited prior art references for
combination in the manner claimed. We determine that there is
no reason, suggestion, or motivation to combine the references
in the manner proposed by the examiner. Accordingly, the
examiner has not established a prima facie case of
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