Ex parte KERR et al. - Page 4




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


                 dyed," the appellants are on record (see Paper No. 4) as                                                                               
                 stating that one of ordinary skill in the art would have                                                                               
                 understood this term in accordance with the definition set                                                                             
                 forth in Dictionary of Fiber & Textile Technology  which                                1                                              
                 indicates that solution dyeing is "[a] term to describe a                                                                              
                 manufactured fiber (yarn, staple, or tow) that has been                                                                                
                 colored by the introduction of pigments or insoluble dyes into                                                                         
                 the polymer melt or spinning solution prior to extrusion" and                                                                          
                 that "[u]sually, the colors are fast to most destructive                                                                               
                 agents."                                                                                                                               
                          Osborn discloses that "[a]ntimicrobial activity is                                                                            
                 imparted to nylon during its preparation by adding to the                                                                              
                 nylon forming monomer(s), a zinc compound . . . and a                                                                                  
                 phosphorus compound . . . [and that] [f]ibers made from the                                                                            
                 resulting nylon contain the reaction product uniformly                                                                                 
                 dispersed therein and have antimicrobial activity of a                                                                                 
                 permanent nature" (Abstract).  Of particular interest is                                                                               
                 Osborn’s description of carpets made of such fibers which were                                                                         
                 "blank dyed" (column 2, line 57) to produce test samples.                                                                              


                          1A copy of the relevant dictionary pages is appended to                                                                       
                 Paper No. 4.                                                                                                                           
                                                                         -4-                                                                            




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