Appeal 2007-0535
Application 10/601,731
The Examiner also finds that the “free acid, partially neutralized acid,
and fully neutralized acid, exist in solution in equilibrium with one another,
with the concentration of the different forms being governed by the
individual Ka of each neutralization reaction” (id. at 10). In addition, the
Examiner finds that “the ratio of partially neutralized acid to fully
neutralized acid will be dependent upon the concentration of H+ in solution.
In other words, the ratio of partially neutralized to fully neutralized acid is
governed by the pH of the solution.” (Id. at 11.) Thus, the Examiner
concludes that “solutions having the same pH should have the same or
similar ratios of partially neutralized to fully neutralized salts” (id.).
In addition, the Examiner finds that “Jokura teaches regulating the pH
value of the skin cosmetic . . . to pH 3 to 10, . . . to avoid the irritation
observed at a pH value less than 3 or exceeding 10” (id. at 4). The Examiner
also finds that “the composition [of claim 1] must have a pH that is suitable
for application to the skin” and, therefore, must have a pH in the non-
irritating range taught by Jokura (id. at 12). The Examiner concludes that,
“although [Jokura] does not expressly disclose the manipulation of the
partial to fully neutral[ized] acid salt itself, this step is implicit when the pH
of the composition is adjusted” (id.)
Finally, the Examiner finds that “Jokura’s composition will implicitly
have a Flexibility value of greater than 1 since the instant disclosure on
page 5 states that malonate salts impart the flexibility value to the
composition” (id. at 5). In addition, the Examiner finds that Jokura “teaches
the same malonic acid salt in the same weight percent. Therefore, [Jokura’s]
4
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