Appeal No. 2005-1438
Application No. 10/027,433
propriety of the examiner’s rejection based on this claim alone
in accordance with 37 CFR § 1.192(c)(7)(2003) and 37 CFR
§ 41.37(c)(1)(vii)(2004). Claim 1 is reproduced below:
1. A method of producing an antimicrobial hard surface
substrate comprising the steps of:
a) providing a hard surface substrate;
b) providing a sol-gel precursor formulation comprising a
host precursor component and at least one metal-containing
antimicrobial agent selected from the group consisting of
metal-containing ion-exchange compounds, metal-containing
zeolites, metal-containing glasses, and any mixtures
thereof;
c) compounding said sol-gel firm precursor formulation to
produce an adhesive sol-gel coating composition;
d) applying said sol-gel coating composition to at least a
portion of said hard surface substrate; and
e) exposing said sol-gel coated hard surface substrate to
a temperature of at most about 800oC to form a finished sol-
gel film-coated hard surface substrate,
wherein said finished substrate exhibits a log kill
rate for Klebsiella pneumoniae of at least 0.5 as measured
under a modified plate contact method being JIS Z2801:2000
utilizing a phosphate buffer solution.
The references relied upon by the examiner are:
Oku et al. (Oku) 5,882,808 Mar. 16, 1999
Deith WO 91/08179 Jun. 13, 1991
(Published World Intell. Prop. Org. Application)
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