Appeal 2007-1135
Application 09/986,264
Claims 107-109:
Claim 107 depends ultimately from and further limits the container of
claim 105 to comprise a first compartment and a breaking means. The first
compartment is for storing at least one article, and includes a first lid. The
breaking means includes a second compartment, disposed inside of the first
lid, for breaking the capsule(s) and a second lid. According to the claim,
when the cosmetic article is disposed in the second compartment the
capsule(s) are broken by closing the second lid. Claim 108 is a variation of
claim 107 that requires the means for breaking to include an aperture that
extends through the container and serves to break the capsule(s) when the
article passes through the aperture. Claim 109 depends from claim 108.
We find that the combination of Bechmann, Beck, and Gruenbacher
fails to teach a cosmetic product having the arrangement of components set
forth in claims 107-109. Accordingly, we reverse the rejection of claims
107-109 under 35 U.S.C. § 103(a) as unpatentable over the combination of
Bechmann, Beck, and Gruenbacher.
CONCLUSION
In summary, we affirm the rejection of claims 1-31, 35-40, and 52-
102, 105, 106, and 110-114.
We reverse the rejection of claims 32-34 and 107-109 under 35 U.S.C.
§ 103(a) as unpatentable over the combination of Bechmann and Beck.
As a result of this Decision, claims 32-34 and 107-109 are free from
rejection based on the record before us.
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