Ex Parte Ward - Page 5

                   Appeal 2006-2165                                                                                                 
                   Application 10/652,958                                                                                           

                   where it is “desirous to prevent the growth of microorganisms upon the                                           
                   polymeric material itself or on and in products in close proximity to the                                        
                   material” (Seabrook, col. 6, l. 41 to col. 7, l. 50).                                                            
                           Appellant discloses in his Specification that in the “food and beverage                                  
                   industries” frequent washing of the process equipment, including bearings                                        
                   and their housings, promotes undesirable corrosion of conventional metal                                         
                   bearing housings (Specification 3).  Because of the undesirable corrosion                                        
                   with metal bearing housings, Appellant states that “the industry [i.e., the                                      
                   “food and beverage industry”] has began [sic begun] to employ alternative                                        
                   materials for bearing housings, including certain plastics” (Specification 3).                                   
                   From these disclosures, Appellant indicates that the “food and beverage                                          
                   industries” employ plastic bearing housings to prevent undesirable corrosion                                     
                   common with metal bearing housings.                                                                              
                           Moreover, the Examiner’s finding on page 4 of the Answer states that                                     
                   “[a] plastic bearing assembly used in the food and beverage industries is a                                      
                   venue where antimicrobial [sic microbial] growth is undesirable” (Answer                                         
                   4). This finding has not been challenged by Appellant.                                                           
                           From the foregoing disclosures and the Examiner’s factual finding, we                                    
                   make the following findings of fact: (1) Richardson discloses a plastic pillow                                   
                   block bearing housing; (2) Plastic bearings are used in the food and beverage                                    
                   industries where microbial growth is undesirable; and (3) Kernes, Blackburn                                      
                   or Seabrook disclose using antimicrobial agents in plastics to prevent                                           
                   microbial growth on plastics.  Flowing logically from the above factual                                          
                   findings, one of ordinary skill in the art would have been motivated to                                          
                   combine Kernes’, Blackburn’s or Seabrook’s antimicrobial agent with                                              
                   Richardson’s plastic pillow block bearing housing to prevent microbial                                           

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