Appeal No. 3-1969
Application 09/690,731
that we have found is in Miller, wherein a dye which is colorless at a low pH in an undercolor
aqueous coloring composition, changes to the color state upon the addition of a base containing
composition (e.g., col. 3, lines 13-27), and the “dyes in the low pH undercolor coloring
composition are dyes which are in a colorless state in the presence of a pH of about 3.5 or less”
(col. 9, lines 3-5), which include “pthalocyanine [sic, phthalocyanine] dyes” (col. 9, line 7)
identified by the examiner (answer, page 4, fourth full paragraph). It is apparent from such
teachings that the phthalocyanine dyes change to the color state at a pH above 3.5. Thus, on this
record, we determine that one of ordinary skill in this art would not have reasonably believed that
such phthalocyanine dyes falling within the teachings of Miller can provide the discoloring
characteristic during the curing of the dental glass ionomer cements and the aesthetic appearance
in the set cement as required by Kondo, as the examiner contends.
Accordingly, we conclude that the examiner has not pointed to some teaching, suggestion
or motivation in the applied prior art which would have led one or ordinary skill in the art to
combine Kondo with the particular dyes relied on in the secondary references. Accordingly,
because the examiner has not established a prima facie case of obviousness, we reverse the
ground of rejection.
The examiner’s decision is reversed.
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