Appeal No. 2006-3254
Application No. 10/347,982
fully neutralized carboxylic salts as represented by general formulas (I) and
(II):
wherein X is a protonated salt of a mono-hydroxy substituted amine.” (Id. at
4.) The active ingredient can be “salt I, salt II or mixtures of these salts.
When mixtures are present the molar ratio of mono-salt I to di-salt II may
range from about 1000:1 to about 1:1000.” (Id. at 6.) The most preferred
mono-hydroxy amine is dimethylaminoethanol (DMAE). (Id. at 5.)
DISCUSSION
1. CLAIMS
Claims 1, 2, 4-8, 10, and 11 are on appeal. Claim 9 is also pending
but has been withdrawn from consideration by the Examiner.
For each rejection, the claims have been argued as a group. Thus, the
claims of each rejection stand or fall together. 37 C.F.R. § 41.37(c)(1)(vii).
We will focus on claims 1 and 8, which are representative and read as
follows:
1. A cosmetic composition comprising:
(i) from about 0.0001 to about 30% by weight of a mono-
hydroxy substituted amine salt of malonic acid present as
a half neutralized and a fully neutralized acid in a molar
ratio ranging from about 1000:1 to about 1:1000,
respectively; and
(ii) from about 1 to about 99.9% by weight of a cosmetically
acceptable carrier.
2
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