Ex Parte YAMATO - Page 1



          The opinion in support of the decision being entered today was              
          not written for publication and is not binding precedent of the             
          Board.                                                                      
                                                          Paper No. 15                
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                               Ex parte YUICHI YAMATO                                 
                                     __________                                       
                                Appeal No. 1999-2633                                  
                               Application 08/680,325                                 
                                     ___________                                      
                                      ON BRIEF                                        
                                     ___________                                      
          Before STAAB, MCQUADE, and NASE, Administrative Patent Judges.              
          MCQUADE, Administrative Patent Judge.                                       
                                 DECISION ON APPEAL                                   
               Yuichi Yamato appeals from the final rejection of claims 5             
          through 12, all of the claims pending in the application.                   
                                   THE INVENTION                                      
               The invention relates to “a makeup sponge puff used for                
          applying makeup beauty products” (specification, page 1).                   
          Representative claims 1 and 12 read as follows:                             
               5.  A makeup sponge puff comprising a closed-cell foam                 
          sponge substrate having an exterior surface with a plurality of             
          cavities formed therein and a plurality of particles                        
          discontinuously adhered to the exterior surface of said closed-             
          cell foam sponge substrate including said cavities.                         

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