Appeal No. 1995-4072
Application No. 08/105,008
regarding a carrier containing water at page 5 of the Reply
Brief.
Further, although the examiner recognizes that Noda does
not describe the claimed residual particle sizes, it appears
that the examiner takes the position that such sizes are
inherent in the method described in Noda. See Answer, page 3.
The examiner attempts to equate Noda’s residual particles
creating “no feeling of foreign matter” with the claimed
residual particle sizes. However, there is no evidence that
residual particles which must produce “no feeling of foreign
matter” on people must necessarily be in the claimed particle
sizes (about 10 microns or less).
In view of the foregoing, we conclude on this record that
the examiner’s findings of fact are simply insufficient to
support a prima facie case of obviousness under 35 U.S.C. §
103. Accordingly, we reverse the examiner’s decision
rejecting claims 1, 2, 4 through 22, 24 through 32 and 34
through 38 under
35 U.S.C. § 103.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
7
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