Appeal 2007-1179
Application 10/399,984
not been adequately rebutted by Appellant’s arguments. Therefore, we
AFFIRM all grounds of rejection presented in this appeal essentially for the
reasons stated in the Answer, as well as those reasons set forth below.3
OPINION
We determine the following factual findings from the record in this
appeal:
(1) Gueret discloses a patch comprising a water-absorbable polymeric
sheet matrix adhered to a support substrate, where the matrix is used to
cover a skin surface that is moistened by application with a liquid, and the
matrix is cut and shaped to mask the face or cover particular parts of the face
such as cheeks or forehead (Answer 4; Gueret, Abstract; col. 1, ll. 8-12; col.
2, ll. 8-12, 34-40, and 49-62; col. 9, ll. 6-17; and col. 10, ll. 24-33);
(2) Sizemore discloses an adhesive tape designed to be applied to the
human body where the tape is adapted to be easily severed into lengths and
widths as desired by use of rows of longitudinal and transverse perforations
3 Appellant has not presented separate specific arguments for any claims
other than independent claims 1 and 28 and dependent claim 15 (Br. 8-11).
Appellant’s arguments regarding the grouped claim 21, grouped claims 20,
25, and 29-32, and grouped claim 34 merely state that the secondary
references to Suwelack ‘622, Shimizu, and Suwelack ‘329 do not disclose
first and second subcomponents of differing shape, but do not contest or
dispute the Examiner’s findings (Br. 12-13). Therefore, we will limit our
discussion to claims 1, 15, and 28. Since Appellant does not contest or
dispute the Examiner’s findings from these secondary references, we do not
include a discussion of these references but adopt the Examiner’s findings
from the Answer. Additionally, we note that Dillon was applied as evidence
that face mask material can be made in a roll (Answer 4). This limitation
does not occur in claims 1, 15, and 28. Therefore, a discussion of Dillon is
not necessary to our decision.
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