Appeal No. 95-1215
Application No. 07/750,777
1967)(the examiner has the initial duty of supplying the
factual basis for his rejection;
he may not, because he doubts that the invention is
patentable, resort to speculation, unfounded assumptions or
hindsight reconstruction to supply deficiencies in the factual
basis).
As a final point, we note that appellant acknowledges
(see specification, page 1):
Flowable or paste-like skin cleansing
agents are generally used to clean
extremely soiled skin areas, e.g., in the
metal-working industry or lacquer and
varnish factories. Known skin cleaning
formulations, in most cases these are
pastes, contain surfactants as detergent
surfactant, oleophilic and/or oleophobic
solutizer, organic solubilizers, and
optionally water. These known products
furthermore contain as abrasives sand, wood
flour, or plastic powder. These solid
substances remove the dirt due to their
abrasivity.
Upon return of this application, the examiner is to determine
whether the plastic powder acknowledged to be known includes
water-swellable polymer. It appears from page 3 of the
specification that water insoluble plastic powders may be
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