Appeal No. 2006-3254
Application No. 10/347,982
8. A dimethylaminoethanol salt of malonic acid wherein the
malonic acid is present as a half neutralized and a fully
neutralized acid in a molar ratio ranging from about 1000:1 to
about 1:1000, respectively.
Thus, claim 1 is directed to a cosmetic composition comprising a
specified amount of a mono-hydroxy substituted amine salt of malonic acid
and a specified amount of a cosmetically acceptable carrier. Claim 8 is
directed to a dimethylaminoethanol salt of malonic acid. In both of claims 1
and 8, malonic acid is present as half neutralized acid and as fully
neutralized acid in a specified molar ratio.
2. JOKURA WITH GÜNTER
Claims 1, 4, and 5 stand rejected under 35 U.S.C. § 103 as obvious
over Jokura1 in view of Günter.2 The Examiner argues that Jokura “teaches
a skin cosmetic causing little irritation and having an excellent moisturizing
effect that comprises a salt of a dicarboxylic acid (see abstract . . . )”; that a
“suitable dicarboxylic acid comprises malonic acid”; “that the salt can
comprise an alkanolamine salt or an ammonium salt (see column 3,
lines 30-50 . . . )”; “that the dicarboxylic acid content in the solution is
preferably from 0.1 to 20% by weight, with a molar ratio of dicarboxylic
acid to dicarboxylic acid salt of from 1:9 to 9:1 (see column 3, lines 35-60,
in particular), which closely overlaps with the malonic acid salt weight
ranges recited in the claim”; and “that the cosmetically acceptable carriers of
water, ethanol and water-soluble polyhydridric [sic, polyhydric] alcohols
may be provided in the cosmetic in a content of from 0.1 to 90% by weight
1 Jokura et al., U.S. Patent No. 5,641,495, issued June 24, 1997.
2 Günter, U.S. Patent No. 4,675,180, issued June 23, 1987.
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