Ex Parte Seghatol - Page 2




               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.                                                                                                          
















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