Appeal No. 1999-1280
Application No. 08/379,813
We affirm the rejection under 35 U.S.C. § 102, and reverse the rejections under
35 U.S.C. § 112, first paragraph and § 103.
DISCUSSION
In reaching our decision in this appeal, we considered appellants’ specification
and claims, in addition to the respective positions articulated by the appellants and the
examiner. We make reference to the examiner’s Answer2, and Supplemental Answer3
for the examiner’s reasoning in support of the rejection. We further reference
appellants’ Brief4, Reply Brief5 and Supplemental Reply Brief6 for the appellants’
arguments in favor of patentability. We note the examiner entered and considered
appellants’ Supplemental Reply Brief without comment.7
Background
The invention relates generally to the periodontia, the tissues immediately about
the teeth. Periodontal disease results in a loss of connective tissue attachment to the
tooth and loss of alveolar bone (specification, page 1). Periodontal lesions can affect
the alveolar bone, the tissue apparatus which attaches tooth to bone, and/or furcation
or interproximal tissue (specification, page 3). The lesions can affect the mandible or
2 Paper No. 19, mailed October 8, 1997.
3 Paper No. 21, mailed November 25, 1997.
4 Paper No. 18, received August 12, 1997.
5 Paper No. 20, received November 10, 1997.
6 Paper No. 22, received December 22, 1997.
7 Paper No. 23, mailed February 2, 1998.
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