Appeal No. 2007-0055 Page 5
Application No. 10/053,299
Obviousness under 35 U.S.C. § 103
Pederson
Claims 1-6, 8-16, 18, 25, and 41-44 stand rejected under 35 U.S.C. § 103(a) as
obvious over Pederson.
Pedersen teaches a mouth hygienic composition and methods of using it “for the
treatment of halitosis [“bad breath”] [and] in the prevention of plaque formation,
gingivitis, and calculus.” Pederson, column 1, lines 6-10. The composition comprises
“a chelate comprising a metal ion moiety and an amino acid moiety.” Metals such as
“Ag, Ca, Cu, Fe, Mg, Mn, Zn, Mo, Co, Se, Sn and V” are described as suitable. Id.,
column 6, lines 9-11. “Zn is a particularly useful metal . . . as the zinc ion, Zn2+.” Id.,
column 6, lines 11-13. “Any biologically acceptable amino acid can be used in the
preparation of [the] metal amino acid chelates.” Id., column 6, lines 17-19. These
include all the 20 naturally-occurring amino acids. Id., column 6, lines 20-25. Isoleucine
is listed in this group. Id., column 6, line 22. Pederson states that the metal amino acid
chelate reduces halitosis by facilitating the interaction of the metal ion with the odor-
causing volatile sulfur compounds produced by bacteria in the oral cavity. Id., column 5,
lines 53-57; column 6, lines 13-16. The chelate also reduces microbial growth and
activity in the oral cavity. Id., column 8, lines 1-9.
Citing the disclosures indicated above, the Examiner asserts that Pederson
teaches a chelate containing isoleucine in the treatment of oral diseases caused by
microbial growth and activity, meeting the requirements of claim 1. Answer 4-5. He
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