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. 7Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007