Appeal No. 2007-0627
Application No. 09/482,773
significance to claim construction because it cannot be said to constitute or
explain a claim limitation.”).
Thus, what is required by the claim is applying to 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. Giving the claim its broadest reasonable interpretation, see In re
Zletz, 893 F.2d 319, 321, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989) (during
ex parte prosecution, claims are to be given their broadest reasonable
interpretation consistent with the description of the invention in the
specification); the phrase “skin exhibiting lines and wrinkles” would be any
noticeable level of lines and wrinkles.
Both the examiner and appellant appear to agree that Kimura teaches
all of the limitations of claim 1 except for applying the makeup composition
containing the interference pigment having a blue or violet reflectance,
combined with at least one metal oxide pigment to skin exhibiting lines and
wrinkles.
As taught by Wrinkles and Wrinkle Treatments,4 “certain inevitable
problems happen,” one of which is wrinkles. Factors that can cause skin to
wrinkle are sunlight and UV radiation from the sun. Id. Wrinkles and
Wrinkle Treatments teaches that as early as 20-25 years of age, vertical
wrinkles on the forehead and between the eyebrows may become visible,
and that from 25-35 wrinkles begin to deepen. Between 35-50, deeper
wrinkles occur, and laughter lines and crow’s feet also deepen. Thus, this
reference teaches that the appearance of wrinkles and lines is an inevitable
4 www.Skin-Care-reviews.com, printed February 15, 2007.
5
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: September 9, 2013