Appeal 2007-3387
Application 10/307,027
The dispositive question is, therefore, whether Konagaya teaches or
would have suggested including at least one polyurethane resin binder
material in its antibacterial composition prior to applying the composition on
a fabric substrate within the meaning of 35 U.S.C. § 103(a)? On this record,
we answer this question in the affirmative.
As is apparent from col. 13, ll. 15-23, of Konagaya, its antibacterial
composition can be mixed with, inter alia, a tetrasilane zirconium alkoxide
polyurethane resin emulsion before the composition is applied to a fabric
substrate. Nowhere does the Specification indicate that the claimed at least
one polyurethane binder excludes the tetrasilane zirconium alkoxide
polyurethane resin emulsion taught by Konagaya.
Thus, given the above teachings, we concur with the Examiner that
one of ordinary skill in the art would have been led to apply, inter alia, the
claimed compositions on a fabric substrate within the meaning of 35 U.S.C.
§ 103(a).
ORDER
In view of the forgoing, the decision of the Examiner is affirmed.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a).
AFFIRMED
clj
LEGAL DEPARTMENT (M-495)
P.O. BOX 1926
SPARTANBURG, SC 29304
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