Appeal No. 1996-3213
Application 08/031,596
one red or orange lake color with aluminum, barium or zirconium having a
COONa or COOK group in its structure and (d) an oil component having
appearance of liquid at a temperature of 20 EC.
The reference relied upon by the examiner is:
1
Japanese Kokai (Sato) 1[1989]-96111 April 14, 1989
Claims 1 through 9 stand rejected under 35 U.S. C. § 103. As evidence of
obviousness, the examiner relies upon Sato. We reverse.
Discussion
In relevant part, the lipcolor composition in claim 1 on appeal requires the
presence of at least one red or orange lake color with aluminum, barium or
zirconium having a COONa or COOK group, i.e., a sodium or potassium salt. Sato
describes a lipcolor composition which may broadly contain a “pigment.” See page
6, second full paragraph of the translation. In an example of a rouge according to
the invention of Sato, pigments described as “red 202” and “yellow 4 aluminum
lake” are used. See page 8 of the translation.
At page 3 of the Examiner’s Answer, the examiner refers us to paragraph 16
of the Office action mailed February 28, 1994 for a statement of the rejection.
Turning to that section of the Office action, we find the examiner’s position to be that
Sato “does not disclose a red or orange lake, it discloses a yellow lake. It would
1Our consideration of this Japanese language document has been based upon an
English language translation thereof. A copy of the translation is attached to this
opinion.
2
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