Ex Parte Chu et al - Page 3

                Appeal 2007-2566                                                                             
                Application 10/243,873                                                                       
                      The rejections under review in this appeal are:  Claims 1 and 2 stand                  
                rejected under 35 U.S.C. § 103(a) as obvious over Bachmann in view of                        
                Bowen.  Claims 3-10 stand rejected under 35 U.S.C. § 103(a) as obvious                       
                over Bachmann in view of Bowen and Karmaker.  (Answer3 3.)                                   
                      Appellants have separated the claims into two groups, i.e., claims 1-2                 
                and claims 3-10 (Br.4 4-7).  However, Appellants have not provided separate                  
                patentability arguments for any of claims 2-10.  Therefore, we decide this                   
                appeal on the basis of claim 1.  37 CFR § 41.37(c)(1)(v).                                    
                II. Findings of Fact (FF)                                                                    
                      The following findings of fact are supported by a preponderance of                     
                the evidence of record.  To the extent any "finding of fact" is a conclusion of              
                law, it should be so treated.                                                                
                      A. Appellants' specification                                                           
                 [1] According to the specification, composite dental pins are replacing                     
                      metal pins of the past which can corrode and become disconnected                       
                      (Specification 1:7-16).                                                                
                 [2] Composite pins comprising synthetic fibers embedded in a synthetic                      
                      resin, e.g., an epoxy resin, are said to be mechanically strong but                    
                      tranparent to, and not easily visualized by, X-rays (Specification 1:13                
                      to 2:8).                                                                               
                 [3] Photopolymerizable adhesives are said to be desirable, but                              
                      problematic, to use to fix a dental pin to a root canal because of the                 
                      difficulty in irradiating the bottom of the root canal with light                      


                                                                                                            
                3 Examiner's Answer ("Answer") mailed February 27, 2006.                                     
                4 Appeal Brief ("Br.") filed December 2, 2005.                                               

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