Ex parte THOMAS R. OAKES, et al. - Page 8




          Appeal No. 95-3977                                                           
          Application 08/004,075                                                       


               Herting relates to mixtures of at least two carboxylic acids            
          that are anti-bacterial (column 1, lines 5-10).  Herting does not            
          relate to peroxy acids.                                                      
               Wang is directed to compositions comprising short chain                 
          fatty acids with a hydrotrope that are useful in cleaning (see               
          column 1, line 63-column 2, line 6).  Wang is not drawn to peroxy            
          acids.                                                                       
               Lokkesmoe discloses an in situ process of generating peroxy             
          acids useful as sanitizing compositions (column 2, lines 25-39).             
          Lokkesmoe does not disclose or teach combinations of peroxy                  
          acids.                                                                       
               Baldry teaches the disadvantages of using peroxyacetic acid             
          as a biocide (page 1).  Baldry also teaches the disadvantages of             
          employing higher chain aliphatic peroxy acids as biocides (i.e.,             
          ones with a molecular weight of more than 174, see pages 2-3).               
          This reference does disclose the advantages of certain monoperoxy            
          aliphatic acids but does not teach or disclose combinations of               
          peroxy acids (see page 3).                                                   
               Appellants discuss the objective evidence of nonobviousness             
          presented in Table II of the specification (pages 13-14 of the               
          brief).  The results in Table II on page 23 of the specification             
          clearly show more than additive results for the use of                       

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