Appeal 2007-1666
Application 10/132,904
We thus find that Yin is still capable of cutting stubble without having the fins first
engage the skin surface.
Furthermore, we interpret the phrase in claim 1, “wherein the integrally
formed and substantially uniform mixture is the initial skin-contacting surface of
the guard” to be functional language, because it describes how the claimed
cartridge functions when in use by a user. The cartridge 10 in Yin is capable of
functioning as claimed because a user can tilt the cartridge so that the integrally
formed and substantially uniform mixture, and not the flexible fins 26, 38, 48, 58,
engage the user’s skin first (FF 4). This is particularly true in the embodiment of
Fig. 5 where the height of the fins 58 is about equal to that of the guard 52, thereby
allowing the guard 52 to be exposed over the fins 58 when tilted to the necessary
skin contacting angle.
CONCLUSIONS OF LAW
We sustain the Examiner’s rejection of claims 1-35 under 35 U.S.C.
§ 102(b) as anticipated by Yin.
Appellant is not entitled to a patent containing the claims on appeal.
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