Appeal No. 95-3969
Application 08/181,273
References of Record
The following references of record are relied upon by the examiner as evidence of obviousness:
Kiozpeoplou 4,487,757 Dec. 11, 1984
Fine 5,298,237 Mar. 29, 1994
(Filed Jan. 24, 1992)
The Rejections2
Claims 1-8 and 10-12 stand rejected under 35 U.S.C. § 103 as being obvious over Kiozpeoplou
in view of Fine.
Claims 13 and 14 stand rejected under 35 U.S.C. § 112, second paragraph, as being indefinite
for failing to particularly point out and distinctly claim the subject matter which appellants regard as the
invention in that the phrase “overall healthier and younger-looking” is an indefinite description which
requires subjective determination.
Opinion
We have carefully considered the respective positions advanced by appellants and the examiner.
We cannot sustain either of the examiner's rejections. The examiner has not made out a prima facie case
of obviousness because the examiner has not established why a person having ordinary skill in the art would
2The final Office action included a rejection of claims 13 and 14 under 35 U.S.C. § 101 as lacking utility and a
rejection of claims 13 and 14 under the first paragraph of 35 U.S.C. § 112. These rejections have been withdrawn by the
examiner (answer: p. 2, ¶ 4).
3
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