Appeal No. 2002-1557 Page 2
Application No. 09/305,746
6. A method for removing sebum selectively from the skin of a
made-up face without removing make-up, which comprises
applying a liquid composition to the skin by a technique
other than spraying, followed by holding a water absorptive
or oil absorptive material against the skin without wiping
such that sebum and said liquid composition are selectively
removed from the made up face.
The examiner relies upon the following reference:
Shimada et al. (Shimada) 5,462,691 Oct. 31, 1995
Claim 6 stands rejected under 35 U.S.C. § 112, first paragraph, for lack of
an enabling disclosure. Claims 2-14 stand rejected under 35 U.S.C. § 112,
second paragraph, as being indefinite for failing to particularly point out and
claim the subject matter that appellants regard as the invention. Finally, claims
2-14 stand rejected under 35 U.S.C. § 103(a) as being rendered obvious by the
teachings of Shimada. After careful review of the record and consideration of
the issues before us, we find that on this record, we must reverse all of the
rejections before us.
DISCUSSION
1. Rejection under 35 U.S.C. § 112, First Paragraph
The entire rejection, as it is set forth in the Examiner’s Answer, is set forth
below.
Claim 6 is rejected under 35 USC 112, first paragraph,
because the specification, whole [sic] [while] being enabling for
liquid compositions selected from those disclosed in Examples 2-7
(see page 11, Table 1), does not reasonably provide enablement
for all possible liquids. The specification does not enable any
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