Appeal No. 2007-0179 Page 3
Application No. 10/601,856
(iii) from about 1 to about 99.9% by weight of a cosmetically acceptable
carrier.
6. The composition according to claim 1 wherein the sunscreen agent is
4,4'-t-butylmethoxydibenzoylmethane.
EVIDENCE RELIED ON
The Examiner relies upon the following references as evidence of
unpatentability:
Jokura 5,641,495 Jun. 24, 1997
Takada (as translated) JP 61215318 Sep. 25, 1986
OBVIOUSNESS UNDER 35 U.S.C. § 103
Rejection over Jokura
Claims 1 and 3 stand rejected under 35 U.S.C. § 103(a) as obvious over
Jokura.
Jokura teaches a skin cosmetic “having an excellent moisturizing effect,”
without causing skin irritation. Jokura, col. 1, ll. 59-61. The cosmetic comprises:
(A) a ceramide or pseudoceramide (col. 2, ll. 9-30); (B) a dicarboxylic acid (col. 2,
ll. 31-35); and (C) a salt of the same dicarboxylic acid represented by (B) (col. 2,
ll. 38-39; col. 3, ll. 37-40; col. 6, ll. 28-29). Malonic acid, which is recited in
instant claim 1, is listed among 8 particular examples of dicarboxylic acids. Col. 3,
ll. 31-36. Alkanolamine (“for example, triethanol amine”) and ammonium salts of
dicarboxylic acids are also disclosed. Col. 3, ll. 41-45. The “salt of malonic acid”
recited in instant claim 1 also includes amine and ammonium salts (“the salt having
a cationic counter ion to malonate which is a cation of an amine selected from the
group consisting of ammonia, dimethylethanolamine”).
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