Ex parte OKAZAKI et al. - Page 2




                   Appeal No. 1997-3037                                                                                                                             
                   Application 08/390,412                                                                                                                           




                                                                DECISION ON APPEAL                                                                                  
                            This is an appeal under 35 U.S.C.  134 from the final rejection of claims 9, 12, 16,                                                   
                                                                                                               2                                                    
                   22 and 24 through 27, all the claims remaining in the application.                                                                               
                            Claims 9, 22 and 25 are representative and read as follows:                                                                             
                            9.  A sedative fragrance composition comprising (a) 1,3-dimethoxy-5-                                                                    
                   methylbenzene in an amount of from 0.01 to 30% by weight as a fragrance modifier, and                                                            
                   (b) a stimulative component, wherein said stimulative component is a jasmine formulation.                                                        
                            22.  A process for imparting sedative effect to a fragrance product by blending the                                                     
                   fragrance product with a fragrance composition which contains (a) 1,3-dimethoxy-5-                                                               
                   methylbenzene in an amount of from 0.01 to 30% by weight as a fragrance modifier, and                                                            
                   (b) a stimulative component selected from the group consisting of a jasmine formulation                                                          
                   and a floral formulation, said fragrance composition having a relative value of less than                                                        
                   100% in a CNV measurement.                                                                                                                       
                            25.  A sedative fragrance composition comprising (a) 1,3-dimethoxy-5-                                                                   
                   methylbenzene in an amount of from 0.01 to 30% by weight as a fragrance modifier, and                                                            
                   (b) a stimulative component, wherein said stimulative component is selected from the                                                             
                   group consisting of jasmine oil, ylang-ylang oil and basil oil.                                                                                  
                            The references relied on by the examiner are:                                                                                           
                   Machida et al. (Machida)                                  5,023,020                             Jun. 11, 1991                                    
                   Japanese Kokoku (Yomogida)                                61-43106                              Mar. 1, 1986                                     




                            2The record shows that the claims numbered 25 through 28 in the Appendix                                                                
                   accompanying the Brief were originally presented in the amendment filed November 1,                                                              
                   1995, and were renumbered under 37 CFR  1.126 as claims 24 through 27.                                                                          
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