Ex Parte Horino et al - Page 4

                Appeal 2006-3082                                                                                   
                Application 10/372,669                                                                             
                Application of Horino to claims                                                                    
                8. Horino’s description of a clay mineral (Horino, at Abstract (57) and                            
                [0017]) meets the limitation of claim 2 of a “powdery base.” (Specification                        
                at 13 discloses that the powdery base can be a clay mineral).                                      
                9. The disclosure of a clay mineral coated with an inorganic metal                                 
                hydroxide, such as aluminum hydroxide (Horino, at Abstract (57) and                                
                [0018]), satisfies the limitation recited in claim 2 of a “powdery base and                        
                aluminum hydroxide adhered to at least a portion of the surface of said                            
                base.”                                                                                             
                10.  The difference between Horino’s composition and the claimed                                   
                composite powder is that claim 2 characterizes the latter as comprising “a                         
                formation of spherically shaped particles and mesh-like formation of string                        
                particles.”                                                                                        
                11.  It is the Examiner’s position that “the teachings of Horino suggest” that                     
                the Horino its composition would comprise “a formation of spherically                              
                shaped particles and mesh-like formation of string shaped particles” as                            
                recited in claim 2 (Answer 4).                                                                     
                12.  The Examiner’s presumption is based on the identity of components, of                         
                structure (metal hydroxide “coated” powder of Horino compared to                                   
                aluminum hydroxide “adhered” powder of claim 2), and of function                                   
                (correcting skin color and blemishes) between the compositions (Answer 3-                          
                4).                                                                                                
                13.  Alternatively, Horino describes the limitation of “a formation of                             
                spherically shaped particles and mesh-like formation of string particles” as                       
                recited in claim 2, where the fine particles with an average diameter of an                        
                average diameter of 50 to 250 angstrom units (Horino, at Abstract (57))                            

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