Appeal No. 2006-0728 Page 9
Application No. 10/198,714
which the level of lipids in the skin has increased, for example by sensing the
elasticity of the skin.” Page 4, lines 7-11.
Therefore, the method of claim 8 would have been obvious to a person of
ordinary skill in the art based on the teachings of Ramachandran.
Summary
We affirm the rejection of claims 1-6 and 9 as anticipated by Ramachandran and
the rejection of claims 10-14 as obvious in view of Ramachandran and Takaya. We
reverse the rejection of claim 8 as anticipated by Ramachandran but enter a new
ground of rejection of that claim, as obvious in view of the same reference.
Time Period for Response
Regarding the affirmed rejections, 37 CFR § 41.52(a)(1) provides "[a]ppellant
may file a single request for rehearing within two months from the date of the original
decision of the Board."
In addition to affirming the examiner's rejections of one or more claims, this
decision contains a new ground of rejection pursuant to 37 CFR § 41.50(b) (effective
September 13, 2004, 69 Fed. Reg. 49960 (August 12, 2004), 1286 Off. Gaz. Pat. Office
21 (September 7, 2004)). 37 CFR § 41.50(b) provides "[a] new ground of rejection
pursuant to this paragraph shall not be considered final for judicial review."
37 CFR § 41.50(b) also provides that the appellant, WITHIN TWO MONTHS
FROM THE DATE OF THE DECISION, must exercise one of the following two options
with respect to the new ground of rejection to avoid termination of the appeal as to the
rejected claims:
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