Appeal No. 1998-0239 Application No. 08/279,907 the preselected temperature at which said dental composition is to be heat treated, with said particles having an irregular non-spherical geometry of which at least 50% have a cross- sectional average thickness of less than 1.5 microns, at least about 20% and up to 85% by volume of a volatile binder and carbonaceous particles in a concentration above at least 0.005 wt.% of the dental composition. 4. A moldable dental composition as defined in claim 3, wherein the determination of at least 50% of said particles having an average thickness of less than 1.5 microns is established by measuring the surface area of the largest two dimensional surface of each high fusing temperature metal particle, computing the total two dimensional surface area for all of the high fusing temperature metal particles in said composition and dividing the cumulative surface area of the high fusing temperature metal particles below 1.5 microns in average thickness by the total two dimensional surface area for all of the particles. The examiner has not cited prior art in rejecting the appealed claims. Appellants' claimed invention is directed to a moldable dental composition comprising high-fusing temperature metal particles having an irregular non-spherical geometry of which at least 50% have a cross-sectional average thickness of less than 1.5 microns. Appealed claims 1-12 stand rejected under 35 U.S.C. § 112, second paragraph.1 1The examiner's rejection under the judicially created doctrine of obviousness-type double patenting has been (continued...) -2-Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 3, 2007