Appeal No. 2006-3151
Application No. 10/767,679
exemplify a composition comprising a malonic acid salt or a perfume, we
conclude that the Examiner has set forth a prima facie case that a
composition containing a malonic acid salt and a perfume would have been
obvious based on the teachings of Jokura. In addition, in view of the
teachings of Guenin, we conclude that the Examiner has set forth a prima
facie case that it would have been obvious for the perfume to include a
terpenoid.
With regard to the amounts of each component recited in claim 1, we
conclude that that the Examiner has set forth a prima facie case of
obviousness for the reasons discussed above. We do not agree that selection
of values within the broad ranges recited in claim 1 requires hindsight
reconstruction, particularly in view of the substantial overlap between the
component ranges recited in Jokura and Guenin and the ranges recited in
claim 1.
Appellants also argue that “[t]here is a need for an agent that will
prevent oxidative breakdown of the terpenoids” and that Appellants have
“found that salts of malonic acid are effective stabilizers of terpenoids.”
(Br. 6.) Appellants argue that “[u]nlike the present invention, Jokura et al. is
not concerned with the problem of fragrance component instability, and
particularly that of terpenoids. The only concern of the reference is to
provide sufficient moisturizing effect while avoiding excessive skin
irritation. Absent any appreciation of the problem, [Jokura] could not
possibly suggest a solution.” (Br. 6-7.) In particular, Appellants argue that
“[a]nyone skilled in the art seeking to stabilize terpenoid ingredients of
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