Ex Parte Subramanyan et al - Page 6

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

                   content of [the dicarboxylic acid] and [dicarboxylic acid salt], in terms of the                                
                   acid, in the skin cosmetic . . . falls within a range of from 0.01 to 20% by                                    
                   weight” and “the molar ratio of the [dicarboxylic acid] to [dicarboxylic acid                                   
                   salt] falls within a range of from 1/9 to 9/1.”  (Col. 3, ll. 51-60.)  Thus,                                    
                   Jokura describes a composition in which the amount of dicarboxylic acid salt                                    
                   is between about 0.0001 to about 30% by weight.                                                                 
                          Jokura also describes including water, ethanol, or water-soluble                                         
                   polyhydric alcohols as a base and that the preferred content of these                                           
                   components in the skin cosmetic “ranges from 0.01 to 95% by weight, still                                       
                   [more] preferably from 0.1 to 90% by weight.”  (Col. 4, ll. 16-34.)  Based on                                   
                   these teachings, we conclude that the Examiner has set forth a prima facie                                      
                   case that including from about 1 to about 99% by weight cosmetically                                            
                   acceptable carrier in the composition of Jokura would have been obvious.                                        
                          In addition, Jokura describes including perfumes.  (Col. 5, ll. 19-34.)                                  
                   Guenin states that fragrance (i.e., perfume) is usually included in cosmetic                                    
                   products “in the range of 0.1-10% by weight based on the total weight of the                                    
                   cosmetic composition.”  (Col. 2, ll. 30-34.)  Based on these teachings, we                                      
                   conclude that the Examiner has set forth a prima facie case that including                                      
                   from about 0.001 to about 10% by weight fragrance in the composition of                                         
                   Jokura would have been obvious.                                                                                 
                          Guenin also describes fragrances that include terpenoids.  See, for                                      
                   example, Floral Wood Deo-Key™ Fragrance Enhancer, which includes                                                
                   2-8% Orange Oil Morocco.  (Col. 7, ll. 45-56.)  (Orange Oil Morocco is                                          
                   “predominantly d-limonene” (col. 2, ll. 42-43), which is a terpene                                              
                   (specification 8).)  Based on this teaching, we conclude that the Examiner                                      


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