Appeal 2007-3387
Application 10/307,027
substance (col. 3, ll. 28-30). We find that Konagaya exemplifies, inter alia,
silver ion supported on an inorganic substance such as silica, glass, zeolite,
and zirconium phosphate (col. 5, ll. 8-15). We find that Konagaya teaches
(col. 8, ll. 51-58) that:
The hydrophilic substance is an organic compound or a high
molecular compound containing at least one of a hydroxyl
group, amino group, amide group, carboxyl group or alkali
metal salts thereof, sulfonic acid group or alkali metal salts
thereof, quaternary ammonium salt group and amine salt group,
or an organic compound or a high molecular compound
containing at least one polyether chain and polyamine chain.
In other words, we find that Konagaya teaches an antibacterial composition
with or without alkali metal ions. To this antibacterial composition, as
correctly found by the Examiner at page 3 and 4 of the Answer, Konagaya
further teaches that to improve heat resistance which affects the coloring
degree, gel occurrence and the like, an additional component, such as
magnesium chloride and the like, can be included (see Konagaya, col. 7, ll.
54-67). The Appellants have not specifically challenged the Examiner’s
determination that the claimed ratio of a halide-containing compound to
silver ion encompasses the amounts of the halide compound and silver ion
taught by Konagaya (compare Answer 4 with Br. and Reply Br. in their
entirety). Moreover, we find that the determination of optimum amounts of
a halide-containing compound and silver ion corresponding to the claimed
range of ratios are well within the ambit of one of ordinary skill in the art
since they are known result effective variables, i.e., the amounts used are
dependent on the desired degree of antibacterial and heat resistance
protection sought by one of ordinary skill in the art. In re Boesch, 617 F.2d
272, 276, 205 USPQ 215, 219 (CCPA 1980).
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