Appeal No. 1996-2732
Application 08/241,524
Serving to correct physical imperfections ‹cosmetic surgery› 3. b. Ornamental rather than
functional. b. Having little or no significance : superficial ‹ cosmetic changes in
procedures›.” Websters II, New Riverside University Dictionary, The Riverside
Publishing Company (1988), p. 316. [Copy attached]. The examiner has not provided any
explanation as to how the claimed shaving gels are related to the cosmetics industry.
Nor do I find that Aronson relates to the same problem addressed by the present
invention. The claimed compositions are said to provide a comfortable shave by
exhibiting attributes such as softening of the beard, avoiding nicks and cuts, improving
razor glide and giving the perception of facial cleanliness after shaving. Specification, p.
8. In contrast, the teachings of Aronson are directed to improving the stability of HIPE’s by
the incorporation of an electrolyte into the aqueous phase of the emulsion. Aronson, col. 8,
lines 27-30.
Thus, in addition to the many fine points set forth above by the panel, I find the
examiner’s reliance on Aronson to be misplaced. In my view, a person of ordinary skill in
this art would not have been expected to turn to Aronson to look for lubricants to add to
shaving cream gels. Accordingly, I find that the examiner’s combining of elements from a
non-analogous source, in a manner that reconstructs the applicant’s invention to be
improper. In re Oetiker, 977 F.2d at 1447, 24 USPQ2d at 1446.
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