Appeal 2007-1135
Application 09/986,264
As discussed above, the combination of Bechmann, Beck, and
Gruenbacher teach the cosmetic article of claim 52. The combination of
Bechmann, Beck, and Gruenbacher also teaches a cosmetic article
comprising a surfactant (FF 10) and an effervescent (e.g., a material that
volatilizes or distributes components of fluids or solids) (FF 3).
Accordingly, we find that the combination of Bechmann, Beck, and
Gruenbacher teaches a cosmetic article as set forth in claim 52, and further
comprises a surfactant and an effervescent that would necessarily enhance
the foaming action of the surfactant.
On reflection, we affirm the rejection of claim 63 under 35 U.S.C.
§ 103(a) as unpatentable over the combination of Bechmann, Beck, and
Gruenbacher. Claims 62, 76, 88, 89, and 113 fall together with claim 63.
Claim 82:
Appellant groups and argues claims 82-87 and 90-94 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 82. Claim 82 is drawn to a cosmetic article. The article comprises:
(1) a first substrate layer;
(2) a second substrate layer that includes at least one moisture
impermeable ply; and
(3) a third substrate layer.
The article also comprises:
(a) a first breakable capsule disposed between said first substrate layer
and said second substrate layer that contains a first liquid;
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