Ex parte KERR et al. - Page 2




          Appeal No. 2000-0570                                                        
          Application No. 09/028,943                                                  


               The invention relates to "floor mats wherein an                        
          antimicrobial agent has been incorporated into at least one of              
          either the pile surface or backing and is preferably present                
          in both" (specification, page 1).  Claim 1 is illustrative and              
          reads as follows:                                                           
               1.  A launderable dust control mat having antimicrobial                
          properties, the mat comprising:  a pile fiber upper surface                 
          and a polymer backing surface disposed beneath said pile fiber              
          upper surface, wherein said pile fiber upper surface comprises              
          a plurality of tufts formed from solution dyed nylon yarns                  
          incorporating a metal based antimicrobial agent disposed                    
          throughout all portions of said yarns and said backing surface              
          includes a metal based antimicrobial agent encapsulated                     
          therein, such that both said pile fiber upper surface and said              
          polymer backing surface contribute to the antimicrobial                     
          properties of said mat.                                                     


                                   THE PRIOR ART                                      
               The references relied upon by the examiner as evidence of              
          obviousness are:                                                            
          Wilson                            4,679,859         Jul. 14, 1987           
          Osborn et al. (Osborn)            4,701,518         Oct. 20, 1987           
          Nagahama et al. (Nagahama)        5,305,565         Apr. 26, 1994           


                                   THE REJECTIONS                                     
               Claims 1 and 5 stand rejected under 35 U.S.C. § 103(a) as              
          being unpatentable over Wilson in view of Osborn.                           

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