Appeal No. 2005-2046
Application No. 10/101,004
The prior art references cited by the examiner are:
Stoner et al. (Stoner) 5,902,574 May 11, 1999
Gold 5,342,617 Aug. 30, 1994
King 6,167,625B1 Jan. 2, 2001
References cited by the Merits Panel:
U.S. Pat. Application Publication US2003/0026775A1 (‘775) published Feb. 6, 2003,
filed April 30, 2001, the same date as the present application
U.S. Patent No. 6,682,726B2, issued Jan. 27, 2004 and filed April 30, 2001.
Background
The specification describes improved shaving compositions which contain a
water soluble polymer or a combination of water soluble polymers, such as, for
example, polyethylene oxide and natural or synthetic gums, to increase lubricity and
enhance shaving performance. Specification, page 1.
“It has been found that polyethylene oxide and natural or synthetic gum, as
described above, interact synergistically to substantially increase the stress ratio of a
shaving composition, thereby reducing the coefficient of friction between the razor
cartridge and the skin.” Specification, page 5.
Remand
Upon review of the record in the present case more relevant art has come to the
attention of this Merits panel. This application is remanded to the examiner to consider
whether a rejection under 35 U.S.C. §102 (f) should be made in the present application
in view of Marchesi et al, U.S. Pat. Application Publication US2003/0026775A1 (‘775)
published Feb. 6, 2003, filed April 30, 2001, the same date as the present application,
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