Ex Parte HORN et al - Page 2


         Appeal No. 2003-1038                                                       
         Application No. 09/262,628                                                 

         5, 6, 9, 11, and 24 through 27, which are the only other pending           
         claims, have been withdrawn from further consideration pursuant            
         to 37 CFR § 1.142(b) (1959).                                               
              The subject matter on appeal relates to an orthodontic                
         article comprising a “fluoroplastic.”  Further details of this             
         appealed subject matter are recited in representative claims 1,            
         12, and 17 reproduced below:                                               
                   1.  An orthodontic article comprising a                          
              fluoroplastic, said article exhibiting at least about                 
              0.001% transmittance at 546 nm when measured according                
              to the Transmittance Test Procedure.[1,2]                             
                   12.  A method for using an orthodontic bracket,                  
              said method comprising:                                               
                   contacting a fluoroplastic orthodontic bracket                   
              having an average transmittance of at least 0.001%                    
              when measured according to the Transmittance Test                     
              Method with a composition comprising an organoborate                  
              compound; and                                                         
                   adhering said bracket to a tooth.                                

                                                                                   
              [1]  The term “fluoroplastic” is not mentioned anywhere in            
         the specification (including the claims) as originally filed,              
         but is explained in one of the references of record, namely Tony           
         Whelan, Polymer Technology Dictionary 161 (Chapman & Hall,                 
         1993), as follows:                                                         
              A plastic based on polymers made from monomers                        
              containing one or more atoms of fluorine, or                          
              copolymers of such monomers with other monomers, the                  
              fluorine-containing monomer(s) being in greatest                      
              amount by mass.  See, for example, fluorinated                        
              ethylene propylene copolymer and                                      
              polytetrafluoroethylene.                                              
              [2]  The so-called “Transmittance Test Procedure” is                  
         discussed in the specification starting at page 8, line 13.                

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