Appeal No. 2007-0627
Application No. 09/482,773
Appellant appeals under 35 U.S.C. § 134 the examiner’s final
rejection of claims 1-11.2 Claim 1 is representative of the claims on appeal,
and reads as follows:
1. A method of reducing the appearance of lines and wrinkles associated
with aging of the skin, which comprises applying to the skin exhibiting lines
and wrinkles a makeup composition comprising an interference pigment
having a blue or violet reflectance, combined with at least one metal oxide
pigment.
Claims 1-7 and 9-11 stand rejected under 35 U.S.C. § 103(a) as being
obvious over the combination of Kimura and Hineno. In addition, claim 8
stands rejected under 35 U.S.C. § 103(a) as being obvious over the previous
combination as further combined with Hurst.
For the following reasons, we vacate the rejections of record and
remand the application to the examiner for further consideration.
DISCUSSION
Claims 1-7 and 9-11 stand rejected under 35 U.S.C. § 103(a) as being
obvious over the combination of Kimura and Hineno.
Kimura is cited for teaching a foundation comprising 9.0% by weight
of blue interference pigment and iron oxides, and 11% by weight of titanium
dioxide (Answer 4). Thus, Kimura teaches the composition of claim 1, as
well as a method of applying it to the skin. The examiner contends that “the
prior art composition, when used by the users with aged skin, obviously
renders the wrinkle minimizing effect which applicants claim.” Id.
2 Claims 1-34 are pending in the application, and all claims have been
rejected. Appellant is appealing only the rejection of claims 1-11.
2
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