Appeal No. 2007-0179 Page 2
Application No. 10/601,856
formulations into which they are blended.” Specification, ¶ [0002]. “Organic
acids have been disclosed as skin benefit agents in the cosmetic literature. For
instance, malonic acid has been reported in U.S. Patent 5,641,495 (Jokura et al.) in
combination with ceramides or pseudoceramides as moisturization actives. No
mention is found in the relevant literature that carboxylic acids or their salts
stabilize organic sunscreen agents.” Id., ¶ [0003]. The instant application
describes the finding “that malonate salts can inhibit discoloration of cosmetic
compositions containing sunscreen agents.” Id., ¶ [0005].
DISCUSSION
Claims 1, 3, and 6, which are all the pending claims, are on appeal. Claims
1 and 3 are rejected over prior art. Within this grouping, the claims stand or fall
together because Appellants have not argued the claims separately. Claim 6 is also
rejected over prior art.
For the purpose of deciding this appeal, we select Claims 1 and 6 as
representative:
1. A cosmetic composition comprising:
(i) from about 0.0001 to about 30% by weight of a salt of malonic acid
present as a half neutralized and a fully neutralized acid in a molar ratio
ranging from about 1000:l to about 1:1000, the salt having a cationic counter
ion to malonate which is a cation of an amine selected from the group
consisting of ammonia, dimethylethanolamine, tris(hydroxymethyl)amino
methane and combinations thereof;
(ii) from about 0.05 to about 40% by weight of an organic sunscreen agent
having a chromophoric group active within the ultraviolet radiation range of
280 to 400 nm; and
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