Appeal 2007-0849
Application 10/106,649
“[t]he active perfuming ingredient is preferably chosen from the group
consisting of . . . nonanal . . .” (Specification 3). We note, however, that
claim 18 does not expressly require the addition of any particular amount of
the anti-microbial composition to a personal care article or functional
product. Claim 18 only requires that an anti-microbial composition
comprising at least 30% by weight of one or more active perfuming
ingredients be added to a personal care article or to a functional product.
In addition, claim 18 requires that the active perfuming ingredients
have 100% anti-microbial activity against at least 2 different kinds of
bacteria selected from the group consisting of Escherichia coli,
Pseudomonas aeruginosa, Staphylococcus aureus, and Enterococcus hirae
when measured by a method to evaluate the antimicrobial activity that
comprises:
a) solubilizing the active perfuming ingredient to be tested in an
aqueous medium in a concentration between 250 and 1000 μg/ml, relative to
the medium, in the presence of an effective amount of solvent which is
substantially non-toxic for bacteria and which allows a complete solubilizing
of the perfuming ingredient;
b) adding an inoculum of the desired bacteria such that the final
concentration in the medium is at least l07 colony forming units/ml of the
medium;
c) diluting the medium so as to reduce the bacteria concentration to
103 colony forming units/ml of medium;
softeners and all-purpose cleaners for household and also industrial use”
(Specification 6).
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