Appeal No. 2005-1438
Application No. 10/027,433
We are not persuaded by this argument. As indicated supra,
Oku is not limited to employing its antibacterial and anti-fungal
composition in the conventional high temperature glazing method.
Oku teaches that the antibacterial and anti-fungal glaze
composition can be used with any conventional glaze, inclusive of
that described in Deith, and can be affixed to the substrate of a
ceramic product via “any conventional [glazing] process,”
inclusive of the sol-gel glazing process described in Deith. Oku
also teaches that its antibacterial and anti-fungal glaze
composition solves the sanitary problem associated with ceramic
products, such as the ceramic tiles described in Deith. Thus,
nothing in Oku teaches away from employing its antibacterial and
anti-fungal glaze composition in Deith’s sol-gel glazing process
used for glazing ceramic products, such as ceramic tiles. In
fact, the recognition of the sanitary problem associated with
ceramic tiles, together with the knowledge of the benefits
offered by both the antibacterial and anti-fugal glaze
composition taught by Oku and the sol-gel glazing process taught
by Deith, would have led one of ordinary skill in the art to
arrive at the claimed subject matter within the meaning of
35 U.S.C. § 103.
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