Ex parte KERR et al. - Page 3




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


               Claim 6 stands rejected under 35 U.S.C. § 103(a) as being              
          unpatentable over Wilson in view of Osborn and Nagahama.                    
               Attention is directed to the appellants' brief (Paper No.              
          7) and to the examiner's answer (Paper No. 8) for the                       
          respective positions of the appellants and the examiner with                
          regard to the merits of these rejections.                                   
                                     DISCUSSION                                       
               Wilson, the examiner's primary reference, pertains to                  
          dust control products such as mops and floor mats which                     
          include antimicrobial agents to inhibit the growth of                       
          undesirable organisms.  In general, the floor mat embodiment                
          20 consists of a backing 21 and a plurality of yarns 22                     
          projecting therefrom (see Figure 5).  The backing may be made               
          of rubber and the yarns of nylon, and each may be fully                     
          impregnated with an antimicrobial compound during its                       
          manufacturing process (see column 2, lines 35 through 54; and               
          column 6, line 20, through column 7, line 60).                              
               As conceded by the examiner (see page 2 in the answer),                
          the Wilson floor mat does not meet the limitation in claim 1                
          requiring the nylon yarns to be "solution dyed."  Although the              
          underlying specification does not define the term "solution                 

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