Appeal No. 2004-0384 Page 2
Application No. 09/979,424
oligosaccharide is greater than about 1:1, provide an initial burst of fragrance and
improved longevity (specification, page 2, lines 11 through 14). Applicants state that
While not wishing to be bound by theory, it is believed that the fragrance
material complexes with cyclic oligosaccharide of the present invention. It
is believed that the stability profile of the complexes formed between the
fragrance and the cyclic oligosaccharides of the present invention is such
that a perceptible amount of fragrance is released over a sufficiently long
time to satisfy the consumers desire for long lasting fragrance. In addition,
it is believed that the weight ratio of fragrance to cyclic oligosaccharides in
the present invention ensures that there is a ‘burst’ of fragrance on
application of the composition to a suitable substrate [e.g., the skin or
hair]. [Id., lines 16 through 23].
Additionally, applicants disclose that compositions of the present invention may
comprise about 20% or greater of a volatile solvent by weight of total composition (id.,
page 9, lines 19 through 23).
Claim 1, which is illustrative of the subject matter on appeal, reads as follows:
1. A cosmetic composition comprising:
(a) fragrance
(b) cyclic oligosaccharides having one or more unsubstituted alkyl substituents;
and
(c) about 20% or greater of a volatile solvent; and
wherein the weight ratio of (a) to (b) is greater than about 1:1. [Emphasis added].
The References
In rejecting applicants’ claims on prior art grounds, the examiner relies on the
following references:
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