Appeal No. 98-2837
Application 08/471,458
shaving provides a shave which is rapid, smooth and comfortable, and that if there happen to be cuts,
the witch hazel on the razor will alleviate pain as well as constricting any such cuts to rapidly interrupt
bleeding. This asserted utility has not been challenged by the examiner and in our opinion would have
been considered credible by a person of ordinary skill in the art, especially when considered in light of
the evidence supplied by appellant in this case. Thus, since appellant has put forth one credible
assertion of specific utility for the claimed subject matter, he has satisfied the utility requirement of 35
U.S.C. § 101. As noted in the Manual of 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 5-9, and reply brief,
pages 1-3) 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
4
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