Appeal 2006-3082
Application 10/372,669
2. The clay minerals are disclosed to be “magnesium silicate systems . . ., a
muscovite, a biotite, a lithia mica, talc (Horino, at [0017]).
3. The inorganic metal hydroxide can be “an aluminum hydroxide, a
magnesium hydroxide, a calcium hydroxide, etc.” (Horino, at [0018]).
4. The coated powder has a honeycombed structure formed of ultrafine
particles having an average diameter of 50 to 250 angstrom units (Horino, at
Abstract (57); Answer 3).
5. Horino teaches that the cosmetic has excellent transparency and corrects
skin color and blemishes on the skin (e.g., wrinkles and pores) (Horino, at
[0001], [0014]-[0016]; Answer 3).
Specification
6. The powdery base of claim 2 “may preferably be clay mineral, barium
sulfate, alumina, silica, magnesium fluoride and hydroxyapatite” (Spec. 13).
7. “[T]he present invention relates to composite powders which 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).
was also referred to as “Masaaki” because the full name of the inventor is
listed as “Horino Masaaki.” We note that Appellant provided an additional
partial translation of the patent which was asserted to be more accurate.
However, we found this partial translation to be confusing, especially in
[0017] where the terminology describing the clay minerals was muddled.
Thus, we do not rely on the partial translation.
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