Appeal No. 2003-1012 Page 5
Application No. 09/340,111
use of a dental composition having a pH of 6.0 or less. Therefore, the rejection
of claims 13, 15-19 and 32 under 35 U.S.C. § 103(a) over Ebetino is reversed.
Claims 13-21, 32 and 34-39 stand rejected under 35 U.S.C. § 103(a) as
being obvious over the combination of Ebetino and Beierle.
Ebetino is relied upon as set forth above. Beierle is relied upon for the
inclusion of an antibacterial agent in the dental composition. Thus, Beierle does
not remedy the deficiencies of Ebetino, and the rejection of claims 13-21, 32 and
34-39 over the combination of Ebetino and Beierle is also reversed.
REVERSED
Donald E. Adams )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Demetra J. Mills )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Lora M. Green )
Administrative Patent Judge )
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