Appeal No. 1997-4101
Application 08/425,802
“make-up composition for the eyelashes or eyebrows.” The examiner's treatment of these
claims as set forth at page 4 of the Examiner's Answer as “eyebrows and lashes are
encompassed by the term 'hair.'” While no doubt the examiner is correct in her observation
that eyelashes and eyebrows would be considered “hair,” this does not suffice as an
explanation why it would have been obvious to one of ordinary skill in the art to apply the
composition of Bolich to eyebrows and eyelashes. We note that Bolich states at column 7
lines 8-10 that the composition of that reference may also used “as a cleansing aid for the
entire body” but the examiner has not established that one of ordinary skill in the art would
have understood this to include application of that composition to eyelashes and
eyebrows. Accordingly, we reverse the rejection of claims 28 and 29.
SUMMARY
We sustain the examiner's rejection of claims 1 through 3, 6 through 16,
24 through 27 and 30 through 33 and reverse the examiner's rejection as to claims
28 and 29.
No time period for taking any subsequent action in connection with this appeal may
be extended under 37 CFR § 1.136(a).
AFFIRMED-IN-PART
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