Appeal No. 95-3684
Application 08/110,273
Appellant argues on page 6 of the brief that Krauss fails
to teach the Appellant's claimed limitations as required under
35 U.S.C. § 102. In particular, Appellant argues that Krauss
does not disclose a dispensing system which delivers color
ingredients to provide an optimal color formula.
We note that Appellant's claim 1 recites "a machine for
customer blending of a color cosmetic product comprising ... a
plurality of dispensers each containing a cosmetic composition
of a different color selected from the group consisting of
white, yellow, red and black and 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 operation instructions."
On page 4 of the answer, the Examiner states that Krauss
does not explicitly teach the cosmetic additives are different
colors. The Examiner points out that Krauss teaches blending
cosmetic additives for makeup formulations in column 1, line
10. The Examiner argues that makeup formulations are
notoriously well known to be color dependent and therefore
Krauss anticipates Appellant's claim 1.
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