Appeal No. 1997-2071
Application No. 08/336,529
mixture (Answer, page 5). Appellant does not contest these
findings and admits that “[i]ncorporating fibers into concrete
has long been known in the art.” (Brief, page 5). However,
appellant argues that his invention uses fibers as a carrier
for the antimicrobial agent so that this agent can be
effectively and efficiently dispersed throughout the concrete
(Id.).
The examiner applies Morrison ‘556 to show “antimicrobial
fibers particularly polypropylene and polyethylene” (Answer,
page 4). From the reference evidence of Zonsveld and Morrison
‘556, the examiner concludes
It would have been obvious to one of ordinary skill
in the art at the time the invention was made to use
the anti microbial fibers of Morrison [sic, ‘556] in
Zonsveld because they would provide
reinforcement and would be equivalent to the fibers of
Zonsveld but they would be inherently antimicrobial and
thus provide fungicidal action within the concrete
product and would be expected to function as the claimed
product. (Answer, page 4).
The examiner similarly applies Morrison ‘853 to show
antimicrobial fibers with the ability of the antimicrobial
agent to migrate to the surface of the fiber in the presence
of moisture (Answer, page 5). From this reference evidence of
Goldfein and Morrison ‘853, the examiner concludes
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