Appeal No. 2005-0966 2 Application No. 09/897,317 preferentially heat caries or cavities, thereby disinfecting and therapeutically treating the caries in a potentially non-invasive manner. Independent claims 1, 14 and 16 are representative of the subject matter on appeal and a copy of those claims can be found in the Appendix to appellant’s brief. The sole prior art reference relied upon by the examiner in rejecting the appealed claims is: Stevens et al. (Stevens) 5,421,727 Jun. 6, 1995 Claims 1 through 6, 13, 14 and 16 stand rejected under the judicially created doctrine of obviousness-type double patenting as being unpatentable over claims 1 through 14 of appellant’s prior U.S. Patent No. 6,254,389. Claim 1 also stands rejected under 35 U.S.C. § 102(b) as being anticipated by Stevens.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007