Appeal 2007-1135
Application 09/986,264
teachings of Gruenbacher with those of Bechmann and Beck “to prepare an
article containing multiple layers, of both absorbent or permeable layers as
well as barrier or impermeable layers further containing a liquid in a[n]
internal reservoir to be distributed to the outer substrates to provide a
cleansing article for various surfaces” (Answer 6).
Claim 52:
Appellant groups and argues claims 52-57, 64-75, and 77-81 together;
therefore these claims will stand or fall together. 37 C.F.R.
§ 41.37(c)(1)(vii). Accordingly, we limit our discussion to representative
claim 52. Claim 52 is drawn to a cosmetic article comprising:
(i) first, second and third substrate layers;
(ii) a first breakable capsule containing a liquid disposed between the
first and second substrate layers;
(iii) a second breakable capsule comprising a first material disposed
between the second and third substrate layers;
(iv) a second material disposed between the second and third substrate
layers.
In addition, claim 52 requires that the first material and the second
material are selected so that upon breaking the second breakable capsule an
exothermic reaction is produced which heats the liquid of the first breakable
capsule.
Appellant asserts that “there is no disclosure or suggestion to use . . .
an exothermic reaction to heat the liquid in another capsule” (Br. 12).
According to Appellant, the “positioning of the different materials and
different breakable capsules within the multi-layer cosmetic article permits
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