Ex Parte Subramanyan et al - Page 4

                   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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