Appeal No. 1999-2633
Application 08/680,325
12. A makeup sponge puff comprising a closed-cell foam
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, wherein said closed-cell foam
substrate comprises a material selected from the group consisting
of natural sponge, NBR, silicone-modified EPDM and EPDM and said
particles are selected from the group consisting of a thermo-
plastic resin, a synthetic rubber and a thermosetting resin and
are adhered to the exterior surface of the closed-cell foam
sponge substrate by an adhesive layer provided thereon or are
either thermally fused to the exterior surface to the closed-cell
foam sponge substrate or adhered thereto through crosslinking.
THE PRIOR ART
The references relied on by the examiner to support the
final rejection are:
Ebert et al. (Ebert) 4,464,428 Aug. 7, 1984
Hermann 4,828,542 May 9, 1989
Fujimoto et al. (Fujimoto) 5,434,194 Jul. 18, 1995
THE REJECTIONS
Claims 5 and 6 stand rejected under 35 U.S.C. § 102(b) as
being anticipated by Ebert.
Claims 5 through 12 stand rejected under 35 U.S.C. § 103(a)
as being unpatentable over Fujimoto in view of Hermann.
Attention is directed to the appellant’s main and reply
briefs (Paper Nos. 10 and 12) and to the examiner’s answer (Paper
No. 11) for the respective positions of the appellant and the
examiner with regard to the merits of these rejections.1
1 In the final rejection (Paper No. 5), claims 5 and 11 also
stood rejected under 35 U.S.C. § 102(e) as being anticipated by
2
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