Appeal No. 1999-0090
Application 08/239,700
reproduced in the appendix of appellant's brief.
The references applied in the final rejection are:
Dickson 2,416,983 Mar. 4, 1947
Heckhausen 1,230,521 Dec. 15, 19632
(German Patent)
Claims 1 to 6 stand finally rejected under 35 U.S.C. § 103 as unpatentable over Heckhausen in
view of Dickson.
The basis of the rejection, as set forth on page 3 of the examiner's answer, is:
Heckhausen shows upper and lower teeth configured to the average value of a
compensating curve (articulation curve, see page 2 of the translation). While
Heckhausen does not specifically state that the compensation curve is the curve of
Spee, it would have been obvious to one of ordinary skill in the art to modify
Heckhausen to include shaping the teeth with respect to the curves of Spee or medium
incline z-z as taught by Dickson in Fig. 2 and at col. 4 line 43 to col. 5 line 43 in order
to obtain a more effective bite. Since the curves referred to in the claims depend on the
individual, the possible resulting structure of the occlusal surface of the teeth as claimed
is a broad range depending on the range of shapes of different individuals. In view of
this, the specific shapes of the tooth as related to the existing curves of Spee and
Wilson are obvious in view of the teaching of Heckhausen and Dickson.
After fully considering the record in light of the arguments presented in appellant's brief and
reply brief, and in the examiner's answer and supplemental answer, we conclude that the rejection of
claims 1 to 6 should not be sustained, and that claims 4 to 6 should be rejected pursuant to 37 C.F.R. §
2A translation of this reference is attached to the examiner's answer. All references herein to
pages and lines of Heckhausen are to pages and lines of the translation.
2
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