Ex Parte Chu et al - Page 2

                Appeal 2007-2566                                                                             
                Application 10/243,873                                                                       
                I. Introduction                                                                              
                      Manh-Quynh Chu, Pierre-Luc Reynaud and Marc Reynaud                                    
                (hereinafter "Appellants") seek our review under 35 U.S.C. § 134(a) (2002)                   
                of the Examiner's final rejection of claims 1-10, all of the claims pending in               
                this Application.  We have jurisdiction under 35 U.S.C. § 6(b) (2002).  We                   
                AFFIRM.                                                                                      
                      A. The invention                                                                       
                      Appellants' invention is directed to a dental retention pin, i.e., a "post"            
                that can be anchored to the root of a tooth which has lost much of its                       
                structure in order to provide a support for a dental crown.  Claim 1 is                      
                illustrative of the subject matter on appeal.                                                
                            1.  A dental retention pin made of composite                                     
                            material comprises a core of fibers embedded in a                                
                            resin matrix, wherein the fibers, which have a                                   
                            refractive index (n), are radio-opaque, and a                                    
                            refractive index (n') of resin forming the resin                                 
                            matrix has a value within 0.15 of that of the fibers.                            
                      B. The rejections                                                                      
                      The Examiner has rejected claims 1-10 under 35 U.S.C. § 103(a).  The                   
                Examiner relied on the following prior art2 as evidence of unpatentability:                  
                      Bowen  US 4,215,033  Jul. 29, 1980                                                     
                      Bachmann  US 6,224,377 B1  May 1, 2001                                                 
                                                                   (filed Jun. 1, 1999)                      
                      Karmaker  US 6,345,984 B2  Feb. 12, 2002                                               
                                                                   (filed Jun. 25, 1999)                     
                      Bowen qualifies as prior art under 35 U.S.C. § 102(b).  Bachmann and                   
                Karmaker qualify as prior art under 35 U.S.C. § 102(e).                                      

                                                                                                            
                2 No references to et al. are made in this opinion.                                          

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