Ex Parte Jackson et al - Page 5



          Appeal No. 2005-1438                                                        
          Application No. 10/027,433                                                  

          We find that Deith further teaches that its sol-gel process is              
          superior to the conventional high temperature glazing method in             
          glazing ceramic substrates, such as ceramic tiles or pottery                
          ware.  See pages 1, 3 and 4.  We recognize that Deith is silent             
          as to using the claimed antimicrobial agent in its sol-gel                  
          glazing process.                                                            
               However, we find that Oku teaches an antibacterial and anti-           
          fungal glaze composition for ceramic products, such as ceramic              
          tiles and porcelain.  See column 1, lines 8-43 and the abstract.            
          According to column 4, lines 7-32, of Oku, this antibacterial and           
          anti-fungal glaze composition can be mixed with a conventional              
          glaze, inclusive of that described in Deith, and then affixed to            
          the substrates of the ceramic products via “any conventional                
          process.”  As one of the conventional glazing processes, Oku, for           
          example, discloses mixing, coating and baking the antibacterial             
          and anti-fungal glaze composition and the conventional glaze to             
          form an antibacterial and anti-fungal glaze layer on the ceramic            
          products (corresponding to the conventional high temperature                
          glazing method not preferred by Deith).  See column 2, lines                
          8-15, column 4, lines 26-31 and column 5, lines 15-35.  The                 
          antibacterial and anti-fungal glaze composition contains, inter             
          alia, an ion-exchange compound (e.g., aluminum silicate compounds           
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