Ex Parte Faryniarz et al - Page 1



                      The opinion in support of the decision being entered today was not written             
                             for publication and is not binding precedent of the Board.                      
                      UNITED STATES PATENT AND TRADEMARK OFFICE                                              
                                                __________                                                   
                            BEFORE THE BOARD OF PATENT APPEALS                                               
                                        AND INTERFERENCES                                                    
                                                __________                                                   
                              Ex parte JOSEPH RAYMOND FARYNIARZ,                                             
                ANTHONY WILLIAM JOHNSON, MICHAEL CHARLES CHENEY, and                                         
                                      TIMOTHY MICHAEL ANTO                                                   
                                                __________                                                   
                                             Appeal 2006-3254                                                
                                          Application 10/347,982                                             
                                          Technology Center 1600                                             
                                                __________                                                   
                                                ON BRIEF                                                     
                                                __________                                                   
                Before ADAMS, GRIMES, and GREEN, Administrative Patent Judges.                               
                GRIMES, Administrative Patent Judge.                                                         


                                         DECISION ON APPEAL                                                  
                      This is an appeal under 35 U.S.C.  134 involving claims to a                          
                composition comprising malonic acid salts.  The Examiner has rejected the                    
                claims as obvious.  We have jurisdiction under 35 U.S.C.  6(b).  We affirm.                 
                                             BACKGROUND                                                      
                      The specification describes a cosmetic composition comprising a                        
                mono-hydroxy substituted amine salt of malonic acid and a cosmetically                       
                acceptable carrier.  (Specification 3.)  “These salts may either be partially or             



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