Ex Parte Subramanyan et al - Page 8

                   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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