Ex parte BROWN - Page 2




          Appeal No. 95-3684                                                          
          Application 08/110,273                                                      


               The invention relates to a method and apparatus for                    
          custom-izing a cosmetic product at the point of sale to the                 
          customer.                                                                   


               Independent claim 1 is reproduced as follows:                          
               1. A machine for custom blending of a color cosmetic                   
               product comprising:                                                    
                    (i) a means for receiving operating instructions                  
                    about a customer's optimal formula;                               
                    (ii) a plurality of dispensers each containing a                  
                    cosmetic composition of a different color                         
                    selected from the group consisting of white,                      
                    yellow, red and black;                                            
                    (iii) a means for activating dosing to a common                   
                    dosing chamber of certain selected ones of the                    
                    cosmetic compositions and at certain                              
                    concentrations as determined by the operating                     
                    instructions; and                                                 
                    (iv) a means for delivering the dosed formula                     
                    into a container to the customer as a color                       
                    cosmetic product.                                                 
               The references relied on by the Examiner are as follows:               
          Cedrone et al. (Cedrone)           4,766,548                Aug.            
          23, 1988                                                                    
          Krauss et al. (Krauss)        4,871,262                Oct. 03,             
          1989                                                                        

               Claim 1 stands rejected under 35 U.S.C. § 102 as being                 

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