Ex parte OKAZAKI et al. - Page 5

              Appeal No. 1997-3037                                                                                           
              Application 08/390,412                                                                                         
                      Claims 9, 12, 16 and 24 through 27 stand rejected under 35 U.S.C.  103 as                             
              unpatentable over Yomogida and Machida.  Representative claim 9 is directed to a                               
              sedative fragrance composition comprising (a) 1,3-dimethoxy-5-methylbenzene in an                              
              amount of from 0.01 to 30% by weight, and (b) a jasmine formulation; claim 16 is directed                      
              to a process for imparting a sedative effect to a fragrance product by blending the                            
              fragrance product with the sedative fragrance composition of claim 9.                                          
                      Again, the examiner notes that Yomogida discloses “modern rose aromatic                                
              compositions comprising [1,3-dimethoxy-5-methylbenzene] and one or more substances                             
              selected from the group consisting of phenyl ethyl alcohol, citronellol, geraniol, nerol,                      
              citronellyl acetate and geranyl acetate.”                                                                      
                      In addition, we note that Yomogida teaches that “natural rose essence has always                       
              been extracted from the petals of Rosa Damascene or Rosa Centifolia and gives out a                            
              strong, but slightly too heavy, sweet smell,” which no longer suits “the modern consumers’                     
              taste which prefers sweetness but also softness and freshness.”  Page 3.  Yomogida                             
              teaches that dialkoxyalkylbenzene, on its own, “gives out a humid green note and phenolic                      
              spicy powdery note, hardly that of a modern rose,” but “creates a modern rose aromatic                         
              that simulates the aroma of modern roses” when “mixed with a natural rose essence or a                         
              synthesized aromatic.”  Page 4.                                                                                
                      The examiner relies on Machida to show that both jasmine oil and phenyl ethyl                          
              alcohol are recognized as materials imparting a hypnotic effect, and concludes that “[i]t                      


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