Ex Parte Fuertes et al - Page 2

                 Appeal 2007-2187                                                                                        
                 Application 10/148,793                                                                                  
                        Claim 11 is illustrative of the invention and is reproduced below:                               
                        11.  A process for the preparation of a lactic acid ester composition                            
                 from a lactic acid composition, comprising:                                                             
                        a)  a stage of conversion, with removal of water, of said lactic acid                            
                 composition into a lactic acid oligomeric composition exhibiting a mean                                 
                 degree of polymerization (MDP) of between 3 and 30,                                                     
                        b)  a subsequent stage of mixing and of reaction of said oligomeric                              
                 composition which is purified or unpurified with an alcohol, in the presence                            
                 of a  transesterification catalyst, for the purpose of esterifying all or a portion                     
                 of the lactic acid present, in a monomeric, dimeric, oligomeric or polymeric                            
                 form, in said oligomeric composition, and                                                               
                        c)  an optional stage of purification of the lactic acid ester composition                       
                 thus obtained.                                                                                          
                                                                                                                         
                        The Examiner relies on the following prior art references to show                                
                 unpatentability:                                                                                        
                 Taniyama    JP 8-040983   Feb. 13, 1996                                                                 
                 Okada    JP 6-065230   Mar.  1998                                                                       

                        The Examiner made the following rejection1:                                                      
                        Claims 11-25 and 28 under 35 U.S.C. § 102(b) as anticipated by                                   
                 Taniyama, as evidenced by Okada.                                                                        
                                                                                                                        
                                                        ISSUE                                                            
                        Appellants concede that Taniyama discloses a process for preparation                             
                 of a lactic acid ester composition.  However, Appellants contend that                                   
                                                                                                                        
                        1 The Examiner has withdrawn the rejection of claims 11-25 and 28                                
                 under 35 U.S.C. § 103 as unpatentable over Taniyama, as evidenced by                                    
                 Okada, in view of Verser.  Answer 3.                                                                    

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