The opinion in support of the decision being entered today was not written for
publication and is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte DON ELROD
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Appeal No. 2006-1022
Application No. 10/084,829
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ON BRIEF
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Before GARRIS, KRATZ, and FRANKLIN, Administrative Patent Judges.
GARRIS, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on an appeal which involves claims 7-19, 21-26, 28-30 and 34-53.
The subject matter on appeal relates to a fabric, which has antimicrobial or chemical
detoxification properties, produced in accordance with a method comprising the steps of (1)
treating a fabric with ozone to form peroxide groups, (2) decomposing the peroxide groups with
an iron catalyst to form oxygen radicals, and (3) grafting a polymerizable monomer to the
oxygen radicals on the fabric surface, wherein the monomer or a derivative thereof provides the
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