Appeal 2007-0535
Application 10/601,731
[and] (ii) from about 1 to about 99.9% by weight of a cosmetically
acceptable carrier; wherein the composition exhibits a Flexibility Value
greater than 1 in the Porcine Skin Test” (Specification 4). The Specification
states that malonate salts “impart to the composition a positive Flexibility
Value of at least 1, preferably at least 1.1 relative to water in the Porcine
Skin Test” (id. at 5).
The Specification also states that “[m]alonate salts may either be the
half or fully neutralized malonic acid or combinations thereof as represented
by general formulas (I) and (II):
wherein X is a cationic counterion” (id. at 5-6). “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 7).
DISCUSSION
1. CLAIMS
Claims 1 and 3-16 are pending and on appeal. The claims have not
been argued separately1 and therefore stand or fall together. 37 C.F.R.
§ 41.37(c)(1)(vii). We will focus on claim 1, the broadest claim on appeal,
which reads as follows:
1 In traversing the second rejection discussed below, Appellants include a
sentence relating to claim 6. To the extent that this constitutes a separate
argument, we address this argument below.
2
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