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
6
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: September 9, 2013