Appeal No. 2001-1489 Page 14
Application No. 09/177,695
(Fed. Cir. 1998). Accordingly, if examiner maintains the rejection of this claim during
subsequent prosecution, examiner should explain how the prior art would suggest to
one of ordinary skill to employ independent pumps in a process for cosmetically
improving human skin as described by claim 7.
Claim 8 is directed to the various benefits obtainable from the first and second
compositions of the treatment regime of claim 1. Among the benefits are cleansing and
moisturizing. Given the disclosure of “cleansing cream” and “night cream”, the
Jacqueline Cochran Advertisement would appear to suggest these benefits as well.
Claim 9 is directed to various substances and materials as candidates for the
active materials of the first and second compositions of the treatment regime of claim 1.
In any subsequent prosecution, examiner may want to establish, through applied prior
art, that any number of these materials, e.g., surfactants, are known additives with
known functions in skin treatment products such as creams, and one would be lead to
include any one of these materials in the creams of, for example, the Jacqueline
Cochran Advertisement, to obtain the benefit commonly associated with that material.
Claim 10 further limits the instruction step of claim 1 to instructions on use of the
two compositions in a “sequential manner.” Our comments made earlier on the subject
of printed matter are equally applicable here.
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