Ex Parte SCHOMMER - Page 6




                    Appeal No. 2003-0780                                                                                                                                  
                    Application No. 08/642,962                                                                                                                            


                    After a careful assessment of a) the teachings to be derived                                                                                          
                    from LYSOL, b) the declarations submitted by Mr. Lloyd Luthringer                                                                                     
                    and Mr. Kirk Brewer (Paper Nos. 20 and 21), and c) the arguments                                                                                      
                    presented by appellant in the brief and reply brief (Paper Nos.                                                                                       
                    23 and 25), we find ourselves in agreement with appellant's                                                                                           
                    position that the methods of claims 1 through 11 on appeal would                                                                                      
                    not have been obvious to one of ordinary skill in the art at the                                                                                      
                    time of appellant's invention based on the teachings of LYSOL,                                                                                        
                    and, therefore, refuse to sustain the § 103 rejection on appeal.                                                                                      






















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