The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte MINGCHIH M. TSENG, and CARL M. PHILBROOK
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Appeal No. 2006-3223
Application No. 10/663,352
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ON BRIEF
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Before ADAMS, GREEN, LEBOVITZ and, Administrative Patent Judges.
LEBOVITZ, Administrative Patent Judge.
DECISION ON APPEAL
This appeal involves claims to a color changing matrix comprising a layer that
contains water-insoluble polymer, water-soluble polymer, and water-leachable colorant.
The Examiner has rejected the claims as anticipated. We have jurisdiction under
35 U.S.C. § 134. We reverse.
Background
Tooth decay and periodontal disease are caused by bacteria in the mouth.
Specification, page 1, lines 7-8. Brushing the teeth is a common of way of reducing
mouth bacteria. Id., page 1, lines 11-12. “After a toothbrush has been used, there are a
large number of bacteria clinging to the bristles, even after the brush has been rinsed.”
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Last modified: November 3, 2007