Ex parte MEEHAN - Page 3




          Appeal No. 94-4485                                                          
          Application No. 08/013,653                                                  


          Meehan '533 in view of Webster's, The Condensed Chemical                    
          Dictionary, Meehan '613 and Sramek.                                         
               Upon careful consideration of the opposing arguments                   
          presented on appeal, we concur with appellant that the claimed              
          subject matter would not have been obvious to one of ordinary               
          skill in the art in view of the applied prior art.  Accordingly,            
          we will not sustain the examiner's rejections.                              
               We consider first the examiner's rejection of claim 1 over             
          Watanabe.  The appealed claims require adding a 5-15% by weight             
          solution of menthol in alcohol to a receptacle.  However,                   
          Watanabe fails to disclose or suggest a solution of menthol in              
          alcohol, let alone in the claimed concentration.  Watanabe                  
          discloses polymethylene coloring agents in aqueous compositions             
          to which can be added perfumes or deodorants, such as menthol and           
          cinnamic alcohol.  Consequently, Watanabe provides no suggestion            
          of formulating a solution of menthol in alcohol, or employing               
          menthol in a concentration that is substantially odorless.                  
          Watanabe teaches utilizing menthol in an amount that acts as a              
          perfume or deodorant, i.e., an amount that is perceptible to the            
          sense of smell.                                                             
               We now turn to the rejection of claims 1, 9, 37, 38 and 48             
          over Miller, alone, or in view of The Condensed Chemical                    
          Dictionary.  Miller discloses adding an odor control agent, such            
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