Ex Parte JAGER - Page 3


                 Appeal No. 2001-2538                                                         Page 3                    
                 Application No. 08/894,193                                                                             

                 foodstuffs and in cosmetic compositions, however, sorbic acid is subject to                            
                 oxidative influences.”  Id., page 2.  The oxidation of sorbic acid can produce off-                    
                 flavors and brown discoloration of food or cosmetic products.  See id.                                 
                        Attempts have been made to prevent sorbate-induced discoloration using,                         
                 for example, EDTA or citrates.  See the specification, page 4.  In addition, the                       
                 specification cites Hirohata as disclosing the use of allantoin to inhibit sorbate-                    
                 induced discoloration in mouthwashes, toothpastes, and denture-cleaning                                
                 compositions, but expresses doubt whether this solution would be generally                             
                 applicable.  See pages 4-5.  That is, “since they generally comprise no amino                          
                 components which accelerate discoloration, oral hygiene compositions do not                            
                 make too high a demand on the browning-inhibiting substance.”  Id.  See also                           
                 page 8 (“Amino groups precisely are regarded as an additional ‘risk factor’ with                       
                 respect to sorbate-induced discolorations.”).                                                          
                        The specification discloses “a method for visual and sensorial stabilization                    
                 of foodstuffs and cosmetic compositions containing sorbate preservative, which                         
                 comprises adding allantoin or allantoin and citrates to these products as                              
                 browning inhibitors.”  Page 5.  The specification discloses that allantoin inhibits                    
                 browning even in compositions containing both sorbates and an amino acid.  See                         
                 page 11, lines 10-15 (“As expected, with the addition of an amino acid, for                            
                 example alanine, the discoloration of the control (without allantoin and citrates) is                  
                 accelerated, while the protective action of allantoin and the synergistic mixture of                   
                 allantoin and citrate is documented again (see Table 4).”).                                            







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