Appeal 2007-1596
Application 09/996,707
(9) Newhall discloses a produce dryer including an open cell
foam roller as well as wringers (Answer 10; Newhall, col. 1,
ll. 1-6 and 36-47; and col. 2, ll. 17-28);
(10) Zabron discloses that, if a belting is intended to be used to
convey food grade products, preferably an antibacterial
agent is incorporated into the elastomeric material of the
belt to inhibit bacterial growth and promote asepsis on the
food-contacting surface (Answer 4; Zabron, Abstract; col. 1,
ll. 26-29; col. 6, ll. 44-60; and col. 7, ll. 5-10);
(11) Zabron teaches that other textile layers associated with the
belting can also have an antimicrobial agent incorporated
therein (col. 1, ll. 29-31 and 41-44); and
(12) JP ‘841 discloses a method of conferring bacterial/fungal
resistance to polyurethane foam by immersing the foam in
an aqueous solution of an antibacterial agent (Answer 4; JP
‘841, page 2, ¶¶ (54) and (57)); and
(13) JP ‘841 teaches the well known necessity of conferring
bacterial resistance to many types of products; JP ‘841
further teaches that polyurethane foams particularly are
useful in many diverse fields “by virtue of their light
weights and excellent cushion potentials” (3: ¶¶ [0002] and
[0003]).
Under 35 U.S.C. § 103, the factual inquiry into obviousness requires a
determination of: (1) the scope and content of the prior art; (2) the
differences between the claimed subject matter and the prior art; (3) the level
of ordinary skill in the art; and (4) secondary considerations. See Graham v.
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