Ex Parte Vogt et al - Page 2

                Appeal 2007-3387                                                                             
                Application 10/307,027                                                                       

                                       STATEMENT OF THE CASE                                                 
                      The subject matter on appeal is directed to a fabric topically coated                  
                with at least one silver-ion containing compound, at least one halide-                       
                containing compound, and at least one polyurethane binder material (claim                    
                1).  The halide-containing compound is said to be useful for discoloration                   
                reduction (Specification 9 and 12).  Further details of the appealed subject                 
                matter are recited in representative claim 11 reproduced below:                              
                1. A fabric substrate having a surface, a portion of which is coated with a                  
                finish, wherein said finish comprises at least one silver-ion containing                     
                compound selected from the group consisting of silver-zirconium phosphate,                   
                silver zeolite, silver glass, and any mixtures thereof, at least one                         
                polyurethane binder material, and at least one halide-containing compound,                   
                wherein said halide-containing compound is present in an amount measured                     
                as a molar ratio between the amount of halide ions present and the amount of                 
                silver ions present, wherein said range is from 5:1 to 1:10, and wherein said                
                finish is substantially free from alkali metal ions.                                         
                      As evidence of unpatentability of the claimed subject matter, the                      
                Examiner has relied upon the following reference:                                            
                Konagaya   US 6,013,275   Jan. 11, 2000                                                      
                      The Examiner has rejected claims 1 through 3, 5, 7 through 9, and 11                   
                under 35 U.S.C. § 102(b) as anticipated by or, in the alternative, under                     
                35 U.S.C. § 103(a) as unpatentable over the disclosure of Konagaya.                          


                                                                                                            
                1 The Appellants have not supplied any substantive arguments for the                         
                separate patentability of any specific claims.  See the Appeal Brief dated                   
                September 6, 2006 (Br.) and the Reply Brief dated September 20, 2006 in                      
                their entirety.  Therefore, for purposes of this appeal, we focus our                        
                discussion on independent claim 1 pursuant to 37 C.F.R. § 41.37(c)(1)(vii)                   
                (2004).                                                                                      
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