Ex Parte Bokorny et alDownload PDFPatent Trial and Appeal BoardAug 21, 201812594561 (P.T.A.B. Aug. 21, 2018) Copy Citation UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE 12/594,561 12/04/2009 4743 7590 08/23/2018 MARSHALL, GERSTEIN & BORUN LLP 233 SOUTH WACKER DRIVE 6300 WILLIS TOWER CHICAGO, IL 60606-6357 FIRST NAMED INVENTOR Stefan Bokorny UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www .uspto.gov ATTORNEY DOCKET NO. CONFIRMATION NO. 27656/44935 5009 EXAMINER PURDY, KYLE A ART UNIT PAPER NUMBER 1611 NOTIFICATION DATE DELIVERY MODE 08/23/2018 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address(es): mgbdocket@marshallip.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte STEP AN BOKORNY, WENDELIN JAN STARK, and STEFAN FRIDOLIN LOHER Appeal2017-007176 Application 12/594,561 Technology Center 1600 Before RICHARD M. LEBOVITZ, JEFFREY N. FRED MAN, and JOHN G. NEW, Administrative Patent Judges. FREDMAN, Administrative Patent Judge. DECISION ON APPEAL This is an appeal 1,2 under 35 U.S.C. § 134 involving claims to a composite material containing a polymer and nanoparticles. The Examiner rejected the claims as obvious. We have jurisdiction under 35 U.S.C. § 6(b). We affirm but designate our affirmance as a new ground of rejection. 1 Appellants identify the Real Parties in Interest as PERLEN CONVERTING AG and ETH ZURICH (see App. Br. 2). 2 We have considered and herein refer to the Specification of Oct. 2, 2009 ("Spec."); Final Office Action ofNov. 16, 2015 ("Final Action"); Appeal Brief of Sept. 13, 2016 ("App. Br."); Examiner's Answer of Feb. 8, 2017 ("Answer"); and Reply Brief of Apr. 6, 2017 ("Reply Br."). Appeal2017-007176 Application 12/594,561 Statement of the Case Background The Specification teaches "it is an aim of the present invention to provide a material that can be degraded in biological environments and is highly antimicrobial over prolonged periods" (Spec. 2:32-35). The Claims3 Claims 6-10 and 23 are on appeal. Claim 6 is representative and reads as follows: 6. A composite material containing a polymer and nanoparticles wherein said nanoparticles comprise a non- persistent support material and metallic silver particles on the surface of said non-persistent support material wherein: a. at least 95%(w/w) of said nanoparticles have a hydrodynamic diameter <500nm; b. said nanoparticles have a water content <5%(w/w); c. said non-persistent support material is selected from the group consisting of tricalcium phosphate and magnesium-doped tricalcium phosphate or mixtures thereof; d. at least 95% (n/n) of said metallic silver particles have a diameter of< 10nm said nanoparticles being dispersed in said polymer. The Rejection The Examiner has rejected claims 6-10 and 23 under 35 U.S.C. § I03(a) as obvious over Sakuma4 and Anayama5 (Final Act. 4--5). 3 Claims 1-5 and 11-22 were withdrawn and claim 24 was cancelled (see App. Br. 2). 4 Sakuma et al., US 2004/0259973 Al, publ. Dec. 23, 2004. 2 Appeal2017-007176 Application 12/594,561 The Examiner finds Sakuma teaches a composite particle where "tricalcium phosphate and silver nitride are provided together such that tricalcium phosphate having silver carried on the surface is produced" with "an average particle diameter of 0.3 microns (300 nm)" and a "water content [that] would be less than 5% by weight" (Final Act. 4). The Examiner also finds that in Sakuma, "metallic silver is also suggested" but acknowledges "Sakuma fails to teach the metallic silver as having a diameter of< 10 nm" (Final Act. 5). The Examiner finds Anayama teaches an "antibacterial powder [that] features silver metal particles of submicron size wherein the size of the silver particles are 4 nm or less" (id.). The Examiner finds it obvious "modify the teaching of Sakuma such that metallic silver used in the invention had a diameter of less than 10 nm, as taught by Anayama with a reasonable expectation for success in arriving at a composite exhibiting antimicrobial activity" (Final Act. 5). The issue with respect to this rejection is: Does a preponderance of the evidence of record support the Examiner's conclusion that Sakuma and Anayama render the claims obvious? Findings of Fact 1. Sakuma teaches "antibacterial composite particles, which are obtained by adding and/or coating inorganic fine particles carrying a metal having antibacterial activity to a base material having affinity with a fiber forming polymer" (Sakuma ,r 13). 5 Anayama et al., JP 2003/212707 A, publ. July 30, 2003 (We rely both on the abstract provided by the Examiner and a new machine text translation cited on a PT0-892). 3 Appeal2017-007176 Application 12/594,561 2. Sakuma teaches "to obtain silver-carried tricalcium phosphate" where the "antibacterial tricalcium phosphate inorganic fine particles had a volume average particle diameter of 0.3 µm" (Sakuma ,-r 91 ). 3. Sakuma teaches the "tricalcium phosphate and 22 g of silver nitride were added to 10 L of distilled water, followed by stirring. Subsequently, the product thus formed was washed with distilled water and dried to obtain silver-carried tricalcium phosphate," after which the "silver- carried tricalcium phosphate was baked at 800° C" (Sakuma ,-r 91). Based on the baking, the Examiner finds it would "be expected that the water content would be less than 5% by weight" (Final Act. 4 ). 4. Sakuma teaches the "inorganic fine particles are fine particles of an inorganic antibacterial agent formed by carrying a metallic element and/ or a metallic ion" and "[ e ]xamples of the antibacterial metal contained in the inorganic antibacterial agent include at least one selected from the group consisting of silver" (Sakuma ,-r,-r 16-17). 5. Sakuma teaches "the antibacterial composite particles of the invention are mixed with the fiber forming polymer" (Sakuma ,-r 86). 6. Sakuma teaches "the antibacterial resin molded articles and the antibacterial fibers of the examples exhibit sufficiently high antibacterial activity" (Sakuma ,-r 120). 7. Anayama teaches an "antibacterial-antifungal property powder comprises silver metal particles of nanometer size on the surface of titanium oxide particles of sub microns size" (Anayama, Abstract). 8. Anayama teaches the "average particle diameter of titanium oxide particles having anatase-type crystal structure and silver particles is 0.04 [µm] or less and 4 nm or less, respectively" (Anayama, Abstract). 4 Appeal2017-007176 Application 12/594,561 9. Anayama teaches, in a machine text translation, that "metallic silver by which distributed support is carried out on the surface of a titanium oxide particle on the other hand, is the substance provided with the strong antibacterial action. By supporting this metallic silver, high antibacterial performance is maintainable" (Anayama ,r 19). 10. Anayama teaches As for the mean particle diameter of the metallic silver particles to support, it is desirable that it is 4 nm or less. If mean particle diameter exceeds 4 nm, deterioration of antibacterial performance arises in connection with the specific surface area of metallic silver particles decreasing, and it cannot perform the function as antimicrobial and antifungal powder sufficiently. (Anayama ,r 21 ). 11. Anayama teaches The nitric acid amine complex was added to titanium oxide dispersion liquid, and it stirred for further about 3 hours. The obtained mixture was washed after stirring, after that, the particle size regulation was carried out and about 100 g of powder which made the titanium oxide surface distribute grinding and the metallic silver which has the mean particle diameter of 1 nm ... was obtained. (Anayama ,r 40). 12. Anayama teaches that the compositions of the Examples showed "growth of each fungus is prevented with a small amount of antimicrobial and antifungal powder, and the very high antibacterial effect was acquired" (Anayama ,r 47). 5 Appeal2017-007176 Application 12/594,561 Principles of Law "The combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results." KSR Int'! Co. v. Teleflex Inc., 550 U.S. 398,416 (2007). Analysis Sakuma teaches an antibacterial composite material containing "antibacterial composite particles ... mixed with the fiber forming polymer" (FF 5) where the nanoparticles have: a) an "average particle diameter of 0.3 µm [300 nm]" (FF 2); b) "silver-carried tricalcium phosphate was baked at 800° C" (FF 3), which the Examiner finds would have a water content of less than 5% by weight (Final Act. 4); c) tricalcium phosphate support material (FF 2-3); d) "a metallic element" where the antibacterial metal may be silver (FF 4). As the Examiner acknowledges, while Sakuma teaches utilizing metallic silver, Sakuma does not exemplify metallic silver particles nor does Sakuma teach "metallic silver as having a diameter of< 10 nm" (Final Act. 5). Anayama teaches antimicrobial powders that comprise silver particles of 4 nm or less (FF 7-8). Based on this evidence, we conclude that it would have been obvious to one of ordinary skill in the art to use the metallic silver nanoparticles of 4 nm or less taught by Anayama as the metallic element in Sakuma because Anayama teaches metallic silver "is the substance provided with the strong antibacterial action" (FF 9). An ordinary artisan would further have had reason to use 4 nm or smaller particles because Anayama explains regarding the silver that "it is desirable that it is 4 nm or less. If mean particle 6 Appeal2017-007176 Application 12/594,561 diameter exceeds 4 nm, deterioration of antibacterial performance arises ... and [the silver] cannot perform the function as antimicrobial and antifungal powder sufficiently" (FF 10). Thus, a person of ordinary skill would have had reason to select the metallic silver particles of 4 nm or less as taught by Anayama for the metallic silver in Sakuma to provide strong antibacterial action rather than larger particles which have deteriorated antibacterial performance (FF 9-10). Because our reasoning differs slightly from that of the Examiner and because we rely upon portions of Anayama in the full machine text translation that were not provided or relied upon by the Examiner, we will designate our affirmance as a New Ground of Rejection to provide Appellants a fair opportunity to address these teachings and new position. We address Appellants' arguments below. Appellants contend that simply combining silver nanoparticles with TCP [ tricalcium phosphate] nanoparticles fails to result in the nanoparticles having the advantageous antimicrobial property of the invention whereby microbes attracted to the TCP component of the nanoparticles for their nutritional aspect further consume the toxic silver particles. Instead, a simple blending of two groups of nanoparticles would provide a product wherein microbes are able to consume the nutritious TCP component while avoiding the toxic silver component. (App. Br. 9). We find this argument unpersuasive because the attorney argument lacks evidentiary support. See In re Pearson, 494 F.2d 1399, 1405 (CCPA 1974) ("Attorney's argument in a brief cannot take the place of evidence."). See also In re De Blauwe, 736 F.2d 699, 705 (Fed. Cir. 1984) (Arguments 7 Appeal2017-007176 Application 12/594,561 and conclusions unsupported by factual evidence carry no evidentiary weight.) In addition, the evidence of record in Sakuma supports the position that mixing and baking silver with tricalcium phosphate, followed by drying and baking, is sufficient to obtain particles with antibacterial properties (FF 4, 5, 6). Similarly, Anayama teaches formation of antibacterial particles by simple mixing of a nitric acid amine complex with titanium oxide dispersion liquid (FF 11 ). Therefore, the evidence of record suggests that antibacterial particles may be formed by simply blending the silver component with the support material (FF 3, 11 ). Appellants contend those of ordinary skill in the art would recognize that unstable silver nitride would react at elevated temperatures such as 800°C to form silver oxide when washed with distilled water prior to being heated. In contrast, the flame synthesis process used to produce the nanoparticles of the invention combine a stable silver solution which is sprayed into a flame and sublimed together with the calcium phosphate solution to yield the unique nanoparticles. (App. Br. 10). We find this argument unpersuasive because the attorney argument lacks any evidentiary support. Pearson, 494 F.2d at 1405. De Blauwe, 736 F.2d at 705. In addition, Sakuma specifically teaches that particles prepared by baking a combination of tricalcium phosphate and silver nitride at 800°C result in nanoparticles with antibacterial activity (FF 4, 5, 6). In contrast, Appellants provide no evidence demonstrating that selecting an antibacterial metallic element such as silver, as suggested by Sakuma (FF 4), or metallic 8 Appeal2017-007176 Application 12/594,561 silver as directly suggested Anayama (FF 9), would have lacked a reasonable expectation of success. Appellants contend Anayama starts its process with Ti02 particles ... While Ti02 is a relatively inert metal oxide those of ordinary skill in the art would expect that a strong reducing agent would affect either or both the calcium or phosphate components of TCP thus degrading the molecule in a manner such that it could no longer serve as a stable support for silver particles. Accordingly those of skill in the art would be taught away from adding silver nitrate in the presence of ammonia solution and a reducing agent in the presence of TCP. (App. Br. 10). We find this argument unpersuasive because Appellants do not identify any teaching in either Sakuma or Anayama that criticizes, discredits, or discourages the use of Anayama's smaller metallic silver particles in the tricalcium phosphate support of Sakuma. A teaching away requires a reference to actually criticize, discredit, or otherwise discourage the claimed solution. See In re Fulton, 391 F.3d 1195, 1201 (Fed. Cir. 2004) ("The prior art's mere disclosure of more than one alternative does not constitute a teaching away from any of these alternatives because such disclosure does not criticize, discredit, or otherwise discourage the solution claimed"). Appellants contend "no reason is provided why silver metal particles of a specified size range utilized on a persistent support be substituted for a silver oxide coating on a non-persistent support or how one would actually do so" (App. Br. 11 ). We find this argument unpersuasive because we rely upon the full text of Anayama, which provides a specific reason to use silver metal particles of 9 Appeal2017-007176 Application 12/594,561 4 nm or less, teaching "for the mean particle diameter of the metallic silver particles to support, it is desirable that it is 4 nm or less. If mean particle diameter exceeds 4 nm, deterioration of antibacterial performance arises" (FF 10). Thus, in light of Anayama, the ordinary artisan would have had reason to modify Sakuma's antibacterial particles to use metallic silver particles of 4 nm or less to maximize antibacterial performance (FF 10). Appellants contend The rejection further ignores the disclosure in the Declaration ofBokomy (Appendix B) which addressed the inadequacies of simply substituting metallic silver onto nonpersistent support nanoparticles such as Ca3(P04)2. ( see paras. 12-16) The Bokomy Declaration further discussed a variety of other structural possibilities that could have hypothetically been produced none of which would have fallen under the claims. (Reply Br. 4 ). We have considered the Bokomy Declaration6 which discusses an embodiment of the claimed invention, Perlazid brand film (Bokomy Deel. ,r,r 3-10) as well as a prior art reference, Stark7 (id. at ,r,r 11-14). The Bokomy Declaration addresses deficiencies in Stark regarding including silver in a product formed by a flame pyrolysis method (see id. ,r 12) but provides no discussion regarding the antibacterial particles formed by combining silver compounds with tricalcium phosphate as disclosed by Sakuma (FF 1-6). Therefore, the Bokomy Declaration, which does not discuss either of the references currently being applied, fails to provide evidence relevant to the instant obviousness analysis. 6 Declaration of Stefan Bokomy, dated June 13, 2013. 7 Stark et al., WO 2005/087660 Al, published Sept. 22, 2005. 10 Appeal2017-007176 Application 12/594,561 Appellants contend regarding the use of different metals in the antibacterial particles that "[t]he record therefore makes clear that the results of such substitutions would not have been predictable!" (Reply Br. 4). We find this argument unpersuasive because Sakuma specifically teaches functional antibacterial particles comprising tricalcium phosphate and silver including a process for synthesizing these particles (FF 1-5) while Anayama teaches the use of similar particles with metallic silver and provides a reason to use smaller sized silver nanoparticles (FF 7-11 ), both references demonstrating antibacterial efficacy (FF 6, 12) and therefore, directly demonstrating a reasonable expectation of success. "Obviousness does not require absolute predictability of success ... all that is required is a reasonable expectation of success." In re Kubin, 561 F.3d 1351, 1360 (Fed. Cir. 2009). Conclusion of Law A preponderance of the evidence of record supports the Examiner's conclusion that Sakuma and Anayama render the claims obvious. SUMMARY In summary, we affirm the rejection of claim 6 under 35 U.S.C. § 103(a) as obvious over Sakuma and Anayama. Claims 7-10 and 23 fall with claim 1. We designate our affirmance as a new ground pursuant to 37 C.F.R. § 4I.50(b). Section 4I.50(b) provides "[a] new ground of rejection pursuant to this paragraph shall not be considered final for judicial review." Section 41.50(b) also provides: When the Board enters such a non-final decision, the appellant, within two months from the date of the decision, 11 Appeal2017-007176 Application 12/594,561 must exercise one of the following two options with respect to the new ground of rejection to avoid termination of the appeal as to the rejected claims: ( 1) Reopen prosecution. Submit an appropriate amendment of the claims so rejected or new Evidence relating to the claims so rejected, or both, and have the matter reconsidered by the examiner, in which event the prosecution will be remanded to the examiner. The new ground of rejection is binding upon the examiner unless an amendment or new Evidence not previously of Record is made which, in the opinion of the examiner, overcomes the new ground of rejection designated in the decision. Should the examiner reject the claims, appellant may again appeal to the Board pursuant to this subpart. (2) Request rehearing. Request that the proceeding be reheard under§ 41.52 by the Board upon the same Record. The request for rehearing must address any new ground of rejection and state with particularity the points believed to have been misapprehended or overlooked in entering the new ground of rejection and also state all other grounds upon which rehearing is sought. Further guidance on responding to a new ground of rejection can be found in the Manual of Patent Examining Procedure§ 1214.01. AFFIRMED; 37 C.F.R. § 4I.50(b) 12 Application/Control No. Applicant(s)/Patent Under Reexamination 12/594,561 Notice of References Cited Examiner Art Unit Purdy 1611 U.S. PATENT DOCUMENTS * Document Number Date CPC Classification Country Code-Number-Kind Code MM-YYYY Name A US- B US- C US- D US- E US- F US- G US- H US- I US- J US- K US- L US- M US- FOREIGN PATENT DOCUMENTS * Document Number Date Country Code-Number-Kind Code MM-YYYY Country Name N 0 p Q R s T NON-PATENT DOCUMENTS * Include as applicable: Author, Title Date, Publisher, Edition or Volume, Pertinent Pages) u Machine Translation of Anaya ma et al., JP 2003-212707 A 1, published July 30, 2003. V w X *A copy of this reference 1s not being furnished with this Office action. (See MPEP § 707.05(a).) Dates in MM-YYYY format are publication dates. Classifications may be US or foreign. U.S. Patent and Trademark Office PT0-892 (Rev. 01-2001) Notice of References Cited Part of Paper No. Page 1 of 1 US Classification CPC Classification 8/6/2018 Patent & Utility Model Number Search(Detail) I J-PlatPat Help desk (9:00-21:00) ( +81)3-6666-8801 -:.···::.-.····:-::····· Patent& Utility Model Patent& Utility Model Number Search Patent & Utility Model Number Search [ Selected Gazette JP,2003-212707,A PAJ Detail Image (U>.IMS DETAILED DESCRIPTION *NOTICES* JPO and INPIT are not responsible for any damages caused by the use of this translation. LThis document has been translated by computer. So the translation may not reflect the original precisely. 2. **** shows the word which can not be translated. 3.In the drawings, any words are not translated. DETAILED DESCRIPTION [Detailed Description of the Invention] [0001] [Field of the Invention]The present invention relates to antimicrobial and antifungal powder and a manufacturing method for the same, and relates to a spray which exerts antibacterial properties and the anti-mold effect outstanding in broad fields, such as a medical sanitary fixture, an air cleaner, building materials, and daily needs, in more detail or antibacterial properties and [ available as a coating J antifungal powder, and a manufacturing method for the same. [0002] [Description of the Prior Art]In recent years, the clean intention is also increasing with improvement in our living standard, and it is becoming sensitive especially to existence of fungi, such as familiar bacteria (bacteria) and true fungi (mold), in a daily life. Therefore, a lot of products on the market which performed the antibacterial treatment are appearing on the market in order the voice which requires what gave antibacterial properties to the consumer goods etc which are used every day is strong and to respond to this. [0003JA material provided with such antibacterial properties is divided roughly into the thing of an organic system, and the thing of an inorganic system. As an antimicrobial material of an organic system, a surfactant system, a BIGUA nide system, an alcohol system, a phenolic anilide system, an iodine system, an imidazole series, a thiazole system, an isothiazole system, a triazine series, a nitrile system, a fluorine system, a sugar system, a tropolone system, an organic metal system, etc are known. On the other hand, as an antimicrobial material of an inorganic system, they are zeolite, silica, and alumina. The thing which made inorganic powder, such as phosphoric acid zirconium, calcium phosphate, phosphoric acid zirconium, a calcium silicate, silica gel, glass, titanium oxide, and a zinc oxide, support the metal which has the antibacterial properties of silver, copper, zinc, etc is known. [0004]Although the thing of the organic system is generally used from the Reasons of a manufacturing cost being inexpensive as an antimicrobial material, and being conventionally, We are anxious about the organic component which the antibacterial performance is deteriorated gradually that it is deficient in the durability of an antibacterial effect, and volatilization, decomposition and elution, etc take place easily with a lapse of time, and also volatilized doing harm to a human body. There is a problem that it is lacking in heat resistance since it comprises an organic substance, and the antimicrobial material of such an organic system cannot be given to the tile for heatproofs etc which are exposed under hot environments. [OOOS]On the other hand, since not only the use which the antimicrobial material of an inorganic system was excellent in the durability of an antibacterial effect, and was continued and stabilized at the long period of time is possible, but there is almost no possibility that volatilization, decomposition, etc like an organic system may occur, the safety to a human body is also high. Application in a wide range field is expected from furthermore excelling also in heat resistance. [0006]Especially, the silver which presents a strong antibacterial action is used for various inorganic system antimicrobial materials. For example, a JP H9 - 227319A has disclosed the antibacterial powder which makes it come near the surface of titanium oxide which is photocatalyst grains to support the silver of 0.01 to 2.0% by weight of support within the scope with an ionic state or a metal state. And it is shown that further outstanding antibacterial properties are shown according to a synergistic effect with the antibacterial properties by the photocatalyst effect and silver which this antibacterial powder shows the outstanding antibacterial properties by silver excellent in antibacterial properties in a dark place, and titanium oxide has under light irradiation. [0007JA JP H 11 - 349423A has disclosed the antibacterial properties and the deodorizing material make the titanium oxide particle of the submicron size which is photocatalyst .. :::::···:·:·:·:··::··.··.· N;jl•..-::.~f:<,,_~ C-.}r::{:>sf :t: ~::--:...;.k~:~;:;JsrJrJ1:8*r.n Ch> aaA AllB xac 3 3 3 3 3 1. 5 24 24 24 24 24 24 [0047]The Example article 1 and 2 was both a value with far smaller supply concentration of the antimicrobial-and-antifungal-powder sample of the present invention than the reference value of SOO**g/ml or less which is lOO**g/ml and is judged to be antibacterial **** also to which fungus as a result of measurement of a minimum inhibitory concentration (Media Interface Connector). Therefore, growth of each fungus is prevented with a small amount of antimicrobial and antifungal powder, and the very high antibacterial effect was acquired. Furthermore to the fungus D, the higher antibacterial effect was acquired in Example 2 which made metallic silver particles support 15% by weight (refer to Table 1). It changed into the state where Example 1 and Example 2 reached examination powder in ten or less pieces/ml also to which fungus in after-addition about 0.5 to 3 hours, and were substantially sterilized in measurement of the number of micro organisms. [0048]Metallic silver particles reach 10% by weight to a titanium oxide particle, respectively, and distributed support of above-mentioned Example 1 and Example 2 is carried out 15% by weight, It is thought that the antibacterial properties and the anti-mold effect which was excellent when the reactive oxygen species which in addition to presenting a high antibacterial action this supported metallic silver absorbs ultraviolet rays with a small quantity also in the titanium oxide particle which is a support base material, and generates according to that photocatalyst effect presented an antibacterial action are revealed. https://www4 .j-platpat. in pit.go .jp/cgi-bi n/tran _web_ cgi_ ejje?u=http://www4 .j-platpat. in pit.go.j p/eng/translation/201808062354263254351492051 394550240666 779618 8/6/2018 Patent & Utility Model Number Search(Detail) I J-PlatPat [0049]0n the other hand, on the result of a minimum inhibitory concentration (Media Interface Connector), and in the fungi Band C in the comparative example article 1, As compared with above-mentioned Examples 1 and 2 of what fulfills the reference value with which the supply concentration of the antimicrobial-and-antifungal-powder sample of the present invention serves as ml, SOO**g /or less, and antibacterial ****, the difference is remarkable, and reference value was not fulfilled to the fungus A, and sufficient antibacterial properties were not acquired. The result which takes about 24 hours for number of microorganism to reach [ ml J in ten or less pieces /also to which fungus, and is inferior to antibacterial properties compared with the above-mentioned Example was obtained as a result of measurement of the number of micro organisms. [0050]It is possible that there are few holding amounts of the metallic silver particles which carry out distributed support on the surface of a titanium oxide particle as 5 % by weight as a cause by which sufficient antibacterial-properties (anti-mold) nature to each fungus is not obtained in this comparative example 1. According to this comparative example 1, although the antibacterial properties by the photocatalyst effect of a titanium oxide particle are expectable, it is thought that it is inferior to antibacterial performance as compared with the above-mentioned Example since it does not have the antibacterial activity as metallic silver. [0051]In the comparative example 2 which used silica (Si02) particles instead of the titanium oxide particle, Although the holding amount of metallic silver particles was in the range in proper quantity with 10 % by weight to the silica particle, it was the same as that of the comparative example 1, and as a result of measurement of the number of micro organisms, about 24 hours were taken to carry out number of microorganism in ten or less pieces/[ ml and J also to which fungus, and, as for the minimum inhibitory concentration, sufficient antibacterial effect was not acquired. [0052]As a cause which cannot reveal sufficient antibacterial performance in this comparative example 2, not revealing the disintegration by the support base material itself, since most photocatalyst effects [ like titanium oxide J whose silica is are substances which are not expectable -- further, Since metallic silver particles cannot be made to support stably as compared with titanium oxide, the support unevenness of metallic silver particles arises, purification to the silver granule child surface is not performed further, but the thing ** for which the antibacterial effect by metallic silver is not exerted sufficiently as a result can be considered. [0053]As mentioned above, the antimicrobial and antifungal powder concerning the present invention, The antibacterial performance where distributed support of the metallic silver particles was uniformly carried out to a titanium oxide particle surface and which was excellent as a result is exerted by having made the metallic silver particles of the nano metric size which has antibacterial properties in this support, using the titanium oxide particle of submicron size as a base material. By making the holding amount of metallic silver particles into 8 % by weight or more per unit weight of a titanium oxide particle, and 30% by weight or less of the range, In the conventional antibacterial photocatalyst powder which not only bacteria but the metallic silver particles of several percent of the weight made support, the high bactericidal effect showed up also to the true fungi which were not able to be annihilated sufficiently. [0054]Changes various in the range which is not limited to the above-mentioned Example at all, and does not deviate from the meaning of the present invention are possible for the present invention. For example, the holding amount of metallic silver particles is not restricted to the thing of the above-mentioned Example, but can appropriately be changed with the usage of antimicrobial and antifungal powder, environment, etc. In manufacturing antimicrobial and antifungal powder, in the above-mentioned Example, use silver nitrate as a precursor of metallic silver, and are using grape sugar as a reducing agent, respectively, but. If it is not restricted to this but distributed support of the metallic silver particles is uniformly carried out on the surface of a titanium oxide particle, various raw materials and a reducing agent are applicable. [0055] [Effect of the Invention]According to the antimicrobial and antifungal powder concerning the present invention, the metallic silver particles which have antibacterial performance with high nano metric size on the surface of the titanium oxide particle of submicron size, By carrying out distributed support to the unit weight of a titanium oxide particle in 8 % by weight or more and 30% by weight or less of the range, bacteria can exert the antibacterial performance outstanding also to true fungi from the first. [0056]If the above-mentioned antimicrobial and antifungal powder is blended with solvents, such as alcohol, or a binder, it will become usable as coating agents, such as antibacterial properties and a charge of antifungal spray coating. Antibacterial properties and antifungal products provided with the antibacterial activity outstanding also not only to bacteria but true fungi are obtained by applying this coating agent to a medical sanitary fixture, an air cleaner, building materials, daily needs, etc. [0057]By according to the manufacturing method of the antimicrobial and antifungal powder concerning the present invention, mixing the aqueous solution which carried out distributed distribution of the titanium oxide, and the aqueous solution which the complex which consists of a silver precursor contains, and carrying out reduction precipitation of the metallic silver particles on a titanium oxide particle, Distributed support of the metallic silver particles is uniformly carried out on the surface of a titanium oxide particle, and the antimicrobial and antifungal powder which reveals outstanding antibacterial properties and anti-mold characteristic is obtained. 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