Ex parte RUDDUCK et al. - Page 7




          Appeal No. 1999-2186                                                        
          Application No. 08/857,571                                                  


          Geoffrey Henry Schuler (filed Aug. 26, 1998).  According to                 
          the qualifications stated in the delcaration, Mr. Schuler, an               
          industrial chemist of long experience, appears to be well                   
          versed on the subject of rubber.  He states that pencil                     
          erasers and ink erasers must each have certain                              
          characteristics, and identifies the materials from which each               
          may be made.  Attached to the declaration as Annexures ‘A’ to               
          ‘F’ are six items made of various rubber compositions, natural              
          and/or synthetic.  Annexure ‘A’ is a pencil eraser, Annexure                
          ‘B’ is an ink/pencil eraser, and Annexures ‘C’, ‘D’, ‘E’ and                
          ‘F’ are four other items, which                                             
          Mr. Schuler states are unsuitable or ineffective to remove                  
          writing from paper.  He concludes in paragraph 22 that "only                
          the substances in Annexures A and B are suitable for use as an              
          eraser, to remove writing from normal paper."                               
               Concerning the Schuler declaration, the examiner states                
          on pages 8 and 9 of the answer:                                             
                    the disclosure of Lundy does not preclude the                     
                    use of any of the rubber samples from being used                  
                    in his tee construction.  Therefore, it is seen                   
                    as being obvious within the teachings of Lundy                    
                    to one of ordinary skill in the art to form the                   
                    shaft of the tee from any rubber, including                       
                    those that are effective in erasing writing.                      
                                          7                                           





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