Appeal 2006-3082
Application 10/372,669
formation of string shaped particles.” The powdery base “may preferably be
clay mineral, barium sulfate, alumina, silica, magnesium fluoride and
hydroxyapatite” (Spec. 13).
According to the Specification, “the . . . composite powders . . . are
superior in a correcting effect of the troubled morphology of the skin, such
as wrinkles, pore openings, . . . while also affording more spontaneous color
tone and gloss, and further to cosmetics containing the same” (Spec. 1).
Claims 2-24, which are all the pending claims, are on appeal (Reply
Br. 2). The claims stand rejected under 35 U.S.C. § 103 as obvious over
Horino (JP 09-020609, published Jan. 21, 1997, English translation filed
Dec. 9, 2003) (Answer 3). The claims stand or fall together because
separate arguments for their patentability were not provided. See 37 C.F.R.
§ 41.37(c)(1)(vii). We select claim 2 for the purpose of deciding all issues
in this appeal. Claim 2 reads as follows:
A composite powder comprising a powdery base and aluminum
hydroxide adhered to at least a portion of the surface of said
base, wherein said composite powder comprises a formation of
spherically shaped particles and mesh-like formation of string
shaped particles in said adhered aluminum hydroxide.
FINDINGS OF FACT
Horino
1. Horino teaches a cosmetic comprising “a coated powder prepared by
firmly coating the surface of a clay mineral with an inorganic metallic
hydroxide” (Horino, at (57) Abstract1).
1 All references to the Horino Japanese Patent are to its English translation
which was filed on Dec. 9, 2003. Earlier in prosecution, the Japanese Patent
2
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