Appeal 2007-0535
Application 10/601,731
1. A cosmetic composition comprising:
(i) from about 0.0001 to about 30% by weight of a salt of malonic acid
which is present as a half neutralized and fully neutralized acid in a molar
ratio ranging from about 1000:1 to about 1:1000, respectively;
(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.
2. PRIOR ART
The Examiner relies on the following references:
Jokura 5,641,495 Jun. 24, 1997
Beerse WO 00/61107 Oct. 19, 2000
3. OBVIOUSNESS OVER JOKURA
Claims 1 and 3-16 stand rejected under 35 U.S.C. § 103 as obvious
over Jokura. The Examiner finds that “Jokura teaches a skin cosmetic . . .
having an excellent moisturizing effect comprising: (A) a ceramide or a
pseudoceramide; (B) a dicarboxylic acid; and (C) a salt of a dicarboxylic
acid,” including malonic acid; that the “dicarboxylic acid salts may be added
in the form of a salt” or “an acid may be added followed by the addition of
an alkali (sodium hydroxide, etc.) to thereby form the aimed salt via
neutralization in the system”; “that the content of components (B) and (C),
falls within a range of from 0.01 to 20% by weight”; “that the molar ratio of
the components (B) to (C) falls within a range of from 1/9 to 9/1”; and that,
“[w]hen water, ethanol and/or water-soluble polyhydric alcohols are
employed as the carrier, the content is preferably from 0.01 to 95% by
weight” (Answer 3-4).
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