Appeal No. 2007-0179 Page 10
Application No. 10/601,856
and success since both Jokura and [Takada] teach the use of organic
acid salts in the compositions.
Answer 7.
Appellants argue that the Takada fails to disclose amino salts of malonic
acid which are combinations of di- and mono-salts. Br. 9. We do not find
Appellants’ argument persuasive since they do not address the Examiner’s prima
facie case of obviousness which relies on Takada for its teaching of the sunscreen
agent recited in claim 6, not for its teaching of malonic salts. This rejection is
affirmed for the foregoing reasons and the reasons as articulated in the Answer.
TIME PERIOD
No time period for taking any subsequent action in connection with this
appeal may be extended under 37 C.F.R. § 1.136(a).
AFFIRMED
Lora M. Green )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Nancy J. Linck )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Richard M. Lebovitz )
Administrative Patent Judge )
RML/jlb
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