Appeal No. 95-2449
Application 08/011,120
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 from the final rejection of claims 15
through 26, all the claims remaining in the application.
Claim 15 is illustrative of the subject matter on appeal and reads as follows:
15. In a perming mat for use with hair care solutions, the mat being flexible and
absorbent and including malleable wire stiffeners for user-molded shape retention of
the mat, the improvement comprising a substantially hair-care-solution-inert covering
associated with each wire stiffener for substantially preventing corrosion of the wire
stiffeners when in contact with hair care solutions, said covering being approximately 1
mil thick.
The references relied upon by the examiner are:
Fox et al. (Fox) 4,648,414 Mar. 10, 1987
UK Specification (Laurenson) 391,590 May 4, 1933
UK Application (Bura) 2,194,437A Mar. 9, 1988
Claims 15 through 26 stand rejected under 35 U.S.C. § 103 as unpatentable
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over “appellant’s admissions” or Bura in view of Fox and Laurenson. We reverse.
The claims on appeal are in Jepson format. In selecting this claim format,
appellant, in effect, admitted that the perming mat set forth in the preamble of claim 15
2The examiner relies upon appellant’s description at page 1 of the specification
of prior art perming mats.
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