Appeal 2007-0315
Application 10/374,300
which is ammonia or a C1-10 hydrocarbyl amine as the active salt ingredient”
(Specification ¶ 10).
Claims 1-9, which are all the pending claims, are appealed (Br. 3).
There are two rejections on review:
1) Claims 1-9 stand rejected under 35 U.S.C. § 103(a) as obvious over
Jokura (U.S. Pat. No. 5,641,495, issued Jun. 24, 1997) (Answer 3); and
2) Claims 1-9 stand rejected under 35 U.S.C. § 103(a) as obvious over
Cole (WO 01/85129 A2, published Nov. 15, 2001) in view of Crandall (U.S.
Pat. No. 5,945,409, issued Aug. 31, 1999) (Answer 5).
In each rejection, Appellants argue the claims as a single grouping;
thus, the claims stand or fall together within each rejection. See 37 C.F.R.
§ 41.37(c)(1)(vii). We select claim 1 as representative of each grouping.
Claim 1 reads as follows:
A cosmetic composition comprising:
(i) from about 0.0001 to about 30% by weight of a salt which is
an amine neutralized malonic acid present as a half neutralized
and a fully neutralized acid in a molar ratio ranging from about
1000:l to about 1:1000 and represented by formulas (I) and (II)
[HO2CCH2CO2]-[X]+ +[X2[O2CCH2CO2]-2
I II
wherein X is a protonated ammonia or a C1-C10
hydrocarbyl amine;
(ii) from about 1 to about 99.9% by weight of a cosmetically
acceptable carrier;
wherein the composition has a pH ranging from about 1.8
to 6.5 and functions to control the signs of aging.
2
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