Appeal No. 2006-1544
Application 10/024,621
critical or essential to the practice of the invention, is not
included in the Claims and is not enabled by the disclosure.
Although it is true that appellants have not provided details
as to exactly how a particular astrological horoscope sign would be
correlated to particular beauty advice or to a beauty product, we
note that on page 15 of the specification (paragraph [054]) it is
indicated that “physical or electronic look-up tables may be
maintained, that correlate specific guidance with combinations of
profile information and astrological horoscope signs.” It is also
noted in paragraph [055], bridging pages 15 and 16, that such look-
up tables may be configured so that the same piece of guidance may
correlate to multiple combinations of profile information and
horoscope signs, and further that the look-up tables may change
periodically, for example, by creating a new look-up table on a
daily, weekly or monthly basis so that the provided guidance is
always changing. Thus, it would appear that there may not be a
concrete, unchanging correlation between a particular astrological
horoscope sign and specific beauty advice or a particular beauty
product to be recommended. The correlation in such an instance would
seem to be that which appellants decide is appropriate based upon
known astrological principles when creating particular look-up
tables, but once such tables have been established, then the
guidance provided would clearly be “a function of at least some of”
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