Appeal No. 2006-3151
Application No. 10/767,679
1. A personal care composition comprising:
(i) from about 0.001 to about 10% of a fragrance by weight
of the composition comprising from about 0.000001 to
about 90% of a terpenoid by weight of the fragrance;
(ii) from about 0.0001 to about 30% by weight of the
composition of a salt of malonic acid; and
(iii) from about 1 to about 99% by weight of the composition
of a cosmetically acceptable carrier.
2. The composition according to claim 1 wherein the malonic acid
is present as a half neutralized and a fully neutralized acid in a
molar ratio ranging from about 1000:1 to about 1:1000,
respectively.
Thus, claim 1 is directed to a personal care composition comprising:
(i) a specified amount of fragrance, a specified portion of which is a
terpenoid; (ii) a specified amount of a salt of a malonic acid; and (iii) a
specified amount of a cosmetically acceptable carrier.
Claim 2 depends from claim 1 and limits the composition to one that
includes half neutralized malonic acid and fully neutralized malonic acid in a
recited molar ratio.
2. OBVIOUSNESS
Claims 1-11 stand rejected under 35 U.S.C. § 103 as obvious over
Jokura1 in view of Guenin.2 The Examiner states that Jokura “teaches a skin
cosmetic causing little irritation and having an excellent moisturizing effect
having (A) a ceramide or pseudoceramide, (B) a dicarboxylic acid, and (C) a
salt of a dicarboxylic acid (see abstract, in particular)”; that the
1 Jokura et al., U.S. Patent No. 5,641,495, issued June 24, 1997
2 Guenin et al., U.S. Patent No. 6,180,121 B1, issued January 30, 2001
3
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