Appeal No. 2006-3151
Application No. 10/767,679
“dicarboxylic acid can comprise malonic acid (see column 3, lines 30-50, in
particular)”; and “that water, ethanol and/or water-soluble polyhydric
alcohols can be employed as a base (cosmetically acceptable carrier), and
can be provided in an amount of from about 0.1 to about 90% by weight of
the composition (see column 4, lines 16-34, in particular).” (Answer 5.)
The Examiner argues that Jokura teaches:
that the dicarboxylic acid and dicarboxylic acid salt have a
percent by weight in the composition of from 0.01 to 20% (see
column 3, lines 53-56, in particular), and that the ratio of the
carboxylic acid to the dicarboxylic acid salt in the composition
can be from 1/9 to 9/1 (see column 3, lines 55-60, in particular.)
Accordingly, Jokura et al. meets the limitation of comprising a
salt of malonic acid in from “about” 0.0001 to “about” 30% by
weight of the composition, as recited in claim 1.
(Answer 5.) In addition, the Examiner states that Jokura “also teaches that
the composition can further comprise other components that are commonly
used in cosmetic[s], such as perfumes (see column 5, lines 20-34, in
particular),” but that it does not specifically teach “the percent weight of
fragrance having the percent weight of terpenoid as recited in claim 1.”
(Answer 6.)
The Examiner states that Guenin “teaches fragrance enhancing
compositions for cosmetic products”; “that the exemplary Deo-Key™
fragrance compositions can be combined in an amount of about 3% by
weight (see column 8 [sic, 6], line 63 through column 7, line 7, in
particular)”; “that the fragrance composition can be made by combining at
least three components from a group of listed fragrances that includes
terpenoids such as d-limonene, citral and geraniol, and terpenoid containing
fragrances such as Iso Methyl Cedryl Ketone A and Pelargonyl (see
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