Appeal No. 2005-0708
Application No. 09/968,967
action dated Aug. 27, 2003, page 2; Brief, page 2, ¶ III). We
have jurisdiction pursuant to 35 U.S.C. § 134.
According to appellants, the invention is directed to a
method for producing a goniochromatic effect by applying to the
skin a composition comprising at least one continuous lipophilic
phase and at least one particulate phase, where the particulate
phase comprises at least one goniochromatic pigment having an
interferential multilayer structure and at least one other
pigment other than said goniochromatic pigment (Brief, page 3).
Appellants state that the claims should be grouped into two
groups corresponding to each group of rejected claims, with all
claims in each group standing or falling together (Brief, page
5). Accordingly, we select claims 1 and 29 as representative of
the two groups and decide the grounds of rejection in this appeal
on the basis of these claims. See 37 CFR § 1.192(c)(7)(2003); In
re McDaniel, 293 F.3d 1379, 1383, 63 USPQ2d 1462, 1465 (Fed. Cir.
2002). Representative independent claim 1 is reproduced below:
1. A method for producing a goniochromatic effect on skin
of human beings comprising:
applying to the skin of human beings a cosmetic composition
comprising, in a cosmetically acceptable medium, at least one
continuous lipophilic phase and at least one particulate phase
being presented in a proportion of 0.05 to 50% by weight with
respect to the total weight of the composition, said particulate
phase comprising 0.01 to 25% by weight of at least one
goniochromatic pigment having an interferential multilayer
2
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