Ex Parte Subramanyan et al - Page 2

                   Appeal No. 2006-3151                                                                                            
                   Application No. 10/767,679                                                                                      

                   encompasses both “terpenes and oxygen containing derivatives thereof                                            
                   having at least one C5H8 hydrocarbyl unit which may have one or more                                            
                   points of unsaturation and/or be part of a cyclic unit within the chemical                                      
                   structure.”  (Id. at 2.)  “Terpenoids are a fragrance raw material of many                                      
                   perfumes and scents.”  (Id.)                                                                                    
                          The specification describes a personal care composition that includes                                    
                   a terpenoid-containing fragrance, a salt of malonic acid, and a carrier.  (Id.                                  
                   at 3.)  The specification states that “salts of malonic acid are effective at                                   
                   stabilizing terpenoid fragrance components against degradation.”  (Id.)  The                                    
                   malonic acid salts “may either be the half or fully neutralized malonic acid                                    
                   or combinations thereof as represented by general formulas (I) and (II):                                        






                   wherein X is a cationic counterion.”  (Id. at 3-4.)                                                             
                                                        DISCUSSION                                                                 
                   1.  CLAIMS                                                                                                      
                          Claims 1-11 are pending and on appeal.  Only claims 2, 3, and 11                                         
                   have been separately argued and they have been argued as a group.                                               
                   (Br. 9-10.)  We will focus on claims 1 and 2, which are representative.                                         
                   Claims 4-10 stand or fall with claim 1.  Claims 3 and 11 stand or fall with                                     
                   claim 2.  37 C.F.R. § 41.37(c)(1)(vii).                                                                         
                          Claims 1 and 2 read as follows:                                                                          


                                                                2                                                                  

Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: September 9, 2013