Appeal No. 2006-0269
Application No. 10/166,154
Claim Grouping
According to appellants, “All claims stand or fall together.” Appeal Brief, page 6.
Therefore, we select claim 1 as representative of the claims with respect to rejections 1
and 3. Claim 3 is the only claim subject to rejection 2 and will be addressed separately
herein. 37 CFR ' 1.192(c)(7)(2004), superseded by 37 CFR ' 41.37(c)(1)(vii)
(September 13, 2004).
DISCUSSION
Background
According to appellants’ summary of the invention (Brief, page 4)
Independent claim 1 recites an article for cleansing body surfaces. The
article comprises an effervescent cleansing composition capable of
generating a foam upon contact with water. See page 4, lines 4-5. The
article further comprises a pouch comprising first and second water-
insoluble substrates, at least one being water permeable, the first and
second substrates forming therebetween an area housing the cleansing
composition. See page 4, lines 6-10. The second substrate comprises a
high loft sheet bonded to a non-woven sheet. See original claim 4. The
first substrate comprises a spun lace or a carded/chemically bonded non-
woven material. See page 4, lines 18-20.
Brief, page 4.
1. 35 U.S.C. § 103(a)
Claims 1, 2, and 6-11 stand rejected under 35 U.S.C. § 103(a), as obvious over
Farrell in view of Brennan and Thaman.
Due to its conciseness the relevant portions of the examiner’s statement of the
rejection is reproduced below. Answer, pages 3-4.
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