Appeal No. 98-2810
Application 08/471,457
Patent Examining Procedure, § 2107.01, even if other assertions of utility made by appellant were
found not “credible,” such statements would not render the claimed invention lacking in utility.
Moreover, in this particular case, we share appellant’s view (brief, pages 4-8, and reply brief,
pages 1-2) that a preponderance of the totality of the evidence under consideration establishes the
credibility of both of appellant’s asserted utilities, i.e., that the claimed shaving kit assists in prolonging
the useful life of the blade of a razor and in providing a smooth comfortable shave with minimal nicks
and cuts. Like appellant, in view of the polishing of the cutting edges of the samples viewed in the
photographs mentioned in paragraph 3 on page 3 of the “COOL IT“™ Product Analysis Report, we
find the examiner’s emphasis and reliance on this portion of the report, to the exclusion of the
remainder of the report (particularly the ANALYSIS and CONCLUSIONS sections set forth on
pages 4 and 5 of the report), to be unwarranted. Nor do we find any comment in the record from the
examiner regarding the evidence presented by appellant in the form of the eight items mentioned at the
top of page 5 of appellant’s brief.
In light of the foregoing, we will not sustain the examiner’s rejection of claims 2, 4, 5, 7 through
11, 13 through 15, 18 through 20 and 27 under 35 U.S.C. § 101.
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