Appeal No. 2005-0708
Application No. 09/968,967
OPINION
A. The Rejection over Medelnick
The examiner finds that Medelnick discloses goniochromatic
pigments, alone or in combination with other pigments, in
compositions for use as lipsticks, eye shadow, and eyeliner
(Answer, page 3). The examiner further finds that Medelnick
teaches compositions containing lipophilic continuous phases with
a goniochromatic pigment in an amount from 1-50%, with a
particulate phase comprising 2.4-65% of the composition, and
additional pigments are exemplified in amounts of 0.5-0.9%
(Answer, page 4). From these findings, the examiner concludes
that it would have been obvious to one of ordinary skill in this
art to discover the optimum amounts of each type of pigment
within the ranges taught by Medelnick (Answer, paragraph bridging
pages 4-5). We agree.
Appellants argue that none of the 45 examples in Medelnick
specify exactly which goniochromatic pigment is used, but the
examples only recite “gloss pigment” and their exact composition
for any specific example is not provided (Brief, page 8; Reply
Brief, page 3). Appellants further argue that it is unclear if
any of the compositions of the examples in Medelnick have layers
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