Appeal 2007-1135
Application 09/986,264
the user to have the ability to wipe or cleanse with a heated cosmetic article”
(id.). We are not persuaded by Appellant’s argument.
As discussed above, the combination of Bechmann and Beck teach a
cosmetic article comprising at least one substrate layer and at least one
breakable capsule (FF 1-3 and 6-8). Beck teaches an article comprising first,
second and third substrate layers (FF 9). Beck teaches the placement of one
or more chambers or compartments between the substrate layers to separate
various article components from one another (FF 6). Like Beck, both
Bechmann and Gruenbacher teach an article comprising breakable liquid
containing capsules, chambers or compartments that will disperse the liquid
onto, and thereby wet, the article when broken (FF 1, 2, and 18).
Accordingly, we find that the combination of Bechmann, Beck, and
Gruenbacher teach both:
(1) a first breakable capsule containing a liquid disposed between the
first and second substrate layers;
(2) a second breakable capsule comprising a first material disposed
between the second and third substrate layers; and
(3) a second material disposed between the second and third substrate
layers.
In addition, Beck teaches an article which comprises compounds that
react exothermically when combined with water (FF 16). Therefore, we find
that the combination of Bechmann, Beck, and Gruenbacher teaches the
selection of first and second materials; and the arrangement of these
materials in capsules so that an exothermic reaction is produced which heats
the liquid of the first breakable capsule. Accordingly, we find no error in the
Examiner’s prima facie case of obviousness. In our opinion, a person of
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