Appeal 2007-1135
Application 09/986,264
The Examiner relies on the following prior art references to show
unpatentability:
Beck WO 01/54661 A1 Aug. 2, 2001
Bechmann US 6,508,604 B1 Jan. 21, 2003
Gruenbacher US 6,669,387 B2 Dec. 30, 2003
The rejections as presented by the Examiner are as follows:
1. Claims 1-40 stand rejected under 35 U.S.C. § 103(a) as unpatentable over
the combination of Bechmann and Beck.
2. Claims 52-114 stand rejected under 35 U.S.C. § 103(a) as unpatentable
over the combination of Bechmann, Beck, and Gruenbacher.
We affirm the rejection of claims 1-31, 35-40, 52-106, and 110-114.
We reverse the rejection of claims 32-34 and 107-109.
DISCUSSION
Findings of Fact:
Bechmann teaches:
1. a cosmetic article comprising a substrate and at least one breakable
liquid (e.g., a face cleaning lotion or cream, perfume, or
medicament (Bechmann, Abstract)) containing capsule associated
with the substrate (Answer 3).
2. that the “article comprises at least one capsule filled with an active
composition associated with a substrate,” e.g., an absorbent
material, wherein at “the time the user breaks the capsules, their
contents spreads onto the absorbent material and the disposable
article is ready to use” (Bechmann, col. 1, ll. 12-20; see generally
Answer 3).
4
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