Appeal No. 2003-1721 Page 2
Application No. 09/226,143
INTRODUCTION
The claims are directed to compositions containing carotenoid aggregates. According to
Appellants, carotenoids occur widely in nature and are conventionally used to color foods,
cosmetics and nonfood articles (specification, p. 1, ll. 10-11). Their use, however, is greatly
limited due to light and oxygen sensitivity (specification, p. 1, ll. 12-13). Appellants indicate
that they have overcome the sensitivity problem by using carotenoids in their aggregated form
(specification, p. 1, ll. 21-22). According to Appellants, it has now been found that, surprisingly,
carotenoid aggregates exhibit significantly better stability to light than monomeric carotenoids
(specification, p. 2, ll. 9-11). Claims 6, 9, and 13 are representative of the subject matter on
appeal:
6. Drinks comprising carotenoid aggregates.
9. Cosmetic or pharmaceutical preparations comprising carotenoid aggregates.
13. A method of forming colored compositions of foods, cosmetics or pharmaceuticals
comprising adding a carotenoid aggregate to said composition.
The Examiner rejects all the claims under 35 U.S.C. § 103(a). As evidence of
obviousness, the Examiner relies upon the following:
Kitaoka et al. (Kitaoka) 5,591,343 Jan. 07, 1997
Takagaki1 63-145,367 Jun. 17, 1988
(Japanese Pub. Application)
Statements in the specification at page 1, lines 25-36 (Statements in the Specification).
1We rely upon and cite to the English translation of record.
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