Ex parte BENZINGER - Page 2




                     Appeal No. 98-2837                                                                                                                                                
                     Application 08/471,458                                                                                                                                            


                     Claims 17 and 18 were not included in the appeal.2                                                                                                                



                                Appellant’s invention relates to a method of shaving wherein a razor is allowed to soak in a                                                           

                     solution of witch hazel after each use, typically overnight, and is then used while wet with the solution                                                         

                     for a subsequent shave.  On page 5 of the specification, it is noted that the resulting shave is rapid and                                                        

                     comfortable, and that if there happen to be cuts or nicks the witch hazel alleviates pain as well as                                                              

                     constricting the cuts/nicks to rapidly interrupt bleeding.  In addition, on page 6 of the specification, it is                                                    

                     noted that using appellant’s shaving method substantially extends the useful life time of the cutting edges                                                       

                     of the blade.  Independent claims 1 and 24 are representative of the subject matter on appeal and a                                                               

                     copy of those claims, as reproduced from the Appendix to appellant’s brief, is attached to this decision.                                                         



                                There are no prior art references relied upon by the examiner in rejecting the appealed claims.                                                        



                                Claims 1, 3, 4, 6 through 13, 16, 19, 20, 24 and 26 through 29 stand rejected under 35                                                                 

                     U.S.C. § 101 “because the claimed invention is not supported by a specific asserted utility” (answer,                                                             

                     page 3).                                                                                                                                                          



                                2Decided concurrently herewith is the appeal in appellant's copending application Serial No.                                                           
                     08/471,457, filed June 6, 1995 (Appeal No. 98-2810).                                                                                                              
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