Ex Parte PEYMAN - Page 1




                                 The opinion in support of the decision being entered today was not written                                     
                                          for publication and is not binding precedent of the Board.                                            
                                                                                                          Paper No. 27                          
                              UNITED STATES PATENT AND TRADEMARK OFFICE                                                                         
                                                                __________                                                                      
                                     BEFORE THE BOARD OF PATENT APPEALS                                                                         
                                                      AND INTERFERENCES                                                                         
                                                                __________                                                                      
                                                    Ex parte GHOLAM A. PEYMAN                                                                   
                                                                __________                                                                      
                                                         Appeal No. 2003-1012                                                                   
                                                      Application No. 09/340,111                                                                
                                                                __________                                                                      
                                                                 ON BRIEF                                                                       
                                                                __________                                                                      
                     Before ADAMS, MILLS, and GREEN, Administrative Patent Judges.                                                              
                     GREEN, Administrative Patent Judge.                                                                                        

                                                        DECISION ON APPEAL                                                                      
                             This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s                                             
                     final rejection of claims 13-21, 32 and 34-39.  Claim 13 is representative of the                                          
                     subject matter on appeal, and reads as follows:                                                                            
                         13.     A process for removing calculus and other deposits from the surface of                                         
                                 the teeth of an animal in need thereof and suppressing pain and                                                
                                 irritation to gum tissue comprising the steps of:                                                              
                                          providing an acidic aqueous medium containing an edible acid                                          
                                 in an amount to form a solution having a pH of about 6.0 or less and to                                        
                                 remove or loosen calculus deposits on the surfaces of teeth and at                                             
                                 least one anti-irritant in an amount to suppress irritation of gum tissue                                      
                                 caused by contact with said aqueous medium, wherein said anti-irritant                                         
                                 is a natural or synthetic sweetener,                                                                           






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