Ex Parte Faryniarz et al - Page 1

                      The opinion in support of the decision being entered today was not written             
                             for publication and is not binding precedent of the Board.                      
                      UNITED STATES PATENT AND TRADEMARK OFFICE                                              
                            BEFORE THE BOARD OF PATENT APPEALS                                               
                                        AND INTERFERENCES                                                    
                              Ex parte JOSEPH RAYMOND FARYNIARZ,                                             
                ANTHONY WILLIAM JOHNSON, MICHAEL CHARLES CHENEY, and                                         
                                      TIMOTHY MICHAEL ANTO                                                   
                                             Appeal 2006-3254                                                
                                          Application 10/347,982                                             
                                          Technology Center 1600                                             
                                                ON BRIEF                                                     
                Before ADAMS, GRIMES, and GREEN, Administrative Patent Judges.                               
                GRIMES, Administrative Patent Judge.                                                         

                                         DECISION ON APPEAL                                                  
                      This is an appeal under 35 U.S.C.  134 involving claims to a                          
                composition comprising malonic acid salts.  The Examiner has rejected the                    
                claims as obvious.  We have jurisdiction under 35 U.S.C.  6(b).  We affirm.                 
                      The specification describes a cosmetic composition comprising a                        
                mono-hydroxy substituted amine salt of malonic acid and a cosmetically                       
                acceptable carrier.  (Specification 3.)  “These salts may either be partially or             

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