Appeal 2007-0535
Application 10/601,731
(from about 3 to about 99.85% by weight) and “is adjusted to a pH of from
about 3.0 to about 6.0” (id.). Beerse states that the composition is “suitable
for application to the human skin for the purpose of removing dirt, oil and
the like” and “can also be useful for treatment of acne” and “for providing
an essentially immediate (i.e., acute) visual improvement in skin appearance
following application of the composition to the skin,” including regulating
“discontinuities associated with skin aging” (id. at 4-5).
Beers defines a “proton donating agent” as “any acid compound or
mixture thereof, which results in undissociated acid on the skin after use”
(id. at 18). As a proton donating agent, Beerse describes organic acids, such
as malonic acid (id. at 19). In Example 14, Beerse describes a composition
comprising 4% malonic acid and 3.2% sodium malonate in water (id. at 36).
We agree that the Examiner has set forth a prima facie case that the broad
molar ratio recited in claim 1 would have been obvious based on the
teachings of Beerse and that the compositions of Beerse that contain malonic
acid as the proton donating agent would exhibit a Flexibility Value greater
than 1 for substantially the same reasons as with Jokura.
Appellants argue that “Beerse does not disclose a half neutralized salt
of malonic acid. There is reference to only one malonate salt mentioned. It
is not known whether the ‘sodium malonate’ is meant to be disodium
malonate (fully neutralized) or sodium hydrogen malonate (half neutralized)
variant.” (Br. 11.)
We are not persuaded by this argument. For the reasons discussed
above (supra, at pp. 6-7), whether “sodium malonate” refers to the fully
neutralized salt or the half neutralized salt, once this component is added to
13
Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: September 9, 2013