Ex Parte JAGER - Page 2


                 Appeal No. 2001-2538                                                         Page 2                    
                 Application No. 08/894,193                                                                             

                               component is citric acid, a physiologically-acceptable citrate salt, or                  
                               a combination of citric acid and the citrate salt.                                       
                        32.    A foodstuff composition stabilized against color changes                                 
                               comprising: an amino component; as at least one preservative, a                          
                               food-preserving amount of sorbic acid or at least one                                    
                               physiologically-acceptable sorbate salt or a combination of sorbic                       
                               acid and sorbate salt; and, as a discoloration inhibitor, a                              
                               discoloration-inhibiting amount of allantoin.                                            
                        38.    A cosmetic composition stabilized against discoloration,                                 
                               comprising:                                                                              
                                      an amino component which accelerates discoloration,                               
                                      from 0.005 to 5% by weight, calculated as sorbic acid, of                         
                                          sorbic acid, a sorbate salt, or a combination thereof,                        
                                                                                                                       
                                      from 0.001 to 10% by weight of allantoin, and                                     
                                      from 0.05 to 5% by weight of citric acid, a salt thereof, or a                    
                                          combination thereof.                                                          

                        The examiner relies on the following reference:                                                 
                 Hirohata et al. (Hirohata)         JP 5-339135                  Dec. 21, 1993                          
                        Claims 21, 27, 32, and 33 stand rejected under 35 U.S.C. § 112, first                           
                 paragraph, as inadequately described in the specification.                                             
                        Claims 21-38 stand rejected under 35 U.S.C. § 103 as obvious in view of                         
                 Hirohata.                                                                                              
                        We reverse both rejections.                                                                     
                                                     Background                                                         
                        “Sorbic acid (2,4-hexadienoic acid) and its salts . . . have been used                          
                 worldwide for many years for preserving foodstuffs.”  Specification, page 1.  “In                      
                 the solid form, sorbic acid and sorbates are stable.  In aqueous solutions, in                         





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