Appeal No. 1998-1714
Application No. 08/441,823
inherently. In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d
1429, 1431 (Fed. Cir. 1997). As indicated above in our
discussion of rejection (1), the term "handwashing medium" would
not cover every known liquid, cream, etc., but is limited to
substances which are suitable for washing one’s hands. The oil
and fluorescent powder are not disclosed by Glo-Germ as being
handwashing media; while some oils may be suitable for washing
the hands, many are not, so that Glo-Germ’s generic disclosure of
"oil" does not anticipate handwashing oils. In re Meyer, 599
F.2d 1026, 1031, 202 USPQ 175, 179 (CCPA 1979)(generic disclosure
does not anticipate species). Moreover, it would seem evident
that the oil and fluorescent powder of Glo-Germ is not a
handwashing medium, because, as described by Glo-Germ, the oil
and powder are applied to the hands, and then are followed by
"normal handwashing procedure," after which the fluorescent lamp
is used to spot the remaining powder. If the oil and powder were
a handwashing medium, there would be no necessity for the
subsequent normal handwashing procedure.
We therefore conclude that claim 1 is not anticipated by
Glo-Germ.
Claim 7 requires, inter alia:
adding an invisible detection agent to a
handwashing medium;
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