Appeal No. 1997-1520
Application No. 08/365,464
1. A substrate selected from the group consisting of a nonwoven material
and a woven material, said substrate comprising a binder and a light-
activated anionic or cationic dye capable of generating singlet oxygen in the
present [sic] of oxygen and upon exposure to light as an antimicrobial or
antiviral agent, said anionic or cationic dye being bound to said substrate by
said binder in an amount effective for rendering said substrate antimicrobial
or antiviral upon exposure of said substrate to light.
In the rejection of the appealed claims, the examiner relies upon the following
references:
Stephenson 3,987,797 Oct. 26, 1976
Crawford et al. (Crawford) 4,009,313 Feb. 22, 1977
Ohlson et al. (Ohlson) 4,421,826 Dec. 20, 1983
Ito et al. (Ito) 5,281,662 Jan. 25, 1994
(Filed Aug. 30, 1972)
Appellants' claimed invention is directed to a nonwoven or woven substrate material
that comprises a binder and a dye, such as Methylene Blue, that is capable of generating
singlet oxygen in the presence of oxygen and upon exposure to light as an antimicrobial or
antiviral agent. The substrate material is used to make fabrics suitable for hospital gowns,
diapers, surgical drapes, etc.
Appealed claims 1, 2, 6, 8, 9, 12 and 13 stand rejected under 35 U.S.C. § 102(b)
as being anticipated by Stephenson. Claims 1, 2, 5-9 and 12-14 stand rejected under
2
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