Appeal No. 2005-1431
Application 09/442,070
PROXIGEL, which is manufactured by Reed & Carnrick, is a 10% solution of
carbamide peroxide in a water free gel base.
Munro, col. 2, ll. 10-22 (emphasis added).31 Munro explains that
[i]n contrast to the prior art, the process of this invention begins
with a professional making a splint for the user. The splint is,
advantageously, made from a clear, very thin plastic material and is
designed to extend onto the user's gingiva and to fit tightly thereto so as to
minimize air or saliva from impacting the enclosed teeth. The splint is
designed to fit one or more teeth as desired. The user then places a drop
or two of the cleanser solution [(]such as the peroxide based PROXIGEL
solution discussed above) into the splint and places the splint, with the
solution inside, around the tooth or teeth and over a portion of the gingiva.
Id. at col. 2, l. 60 to col. 3, l. 3.
Rosenthal discloses "an antiseptic composition comprising urea peroxide, glycerol, and a
carboxypolymethylene polymer," col. 1, ll. 24-25, and expresses a preference for the neutral salts
thereof:
The preferred carboxypolymethylene polymers incorporated in such
compositions are copolymers of from 97.5 to 99.8 percent by weight of acrylic
acid and from 0.2 to 2.5 percent by weight of polyallyl sucrose having at least two
allyl groups per sucrose molecule. Desirably, such polymers are employed as the
neutral salts thereof. By "neutral" is meant that the pH of a 1 weight percent
solution of the salt of the polymer has a pH of from about 5 to about 9, and
preferably from about 6 to about 8.
Rosenthal, col. 3, ll. 22-32 (emphasis added). Moreover, Rosenthal's claim 1, the sole
independent claim, recites, inter alia, "a pharmaceutically acceptable neutral salt of a
carboxypolymethylene polymer."
31 This incorporating language is not quoted or discussed in the Federal Circuit's opinion.
29
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