Appeal No. 95-4089
Application 08/090,073
Cook's suggestion that glutaric acid is used to "maximize
water solubility" of a mixture of acids (col. 6, line 42).
48. Cook's solubility concerns are mirrored by
Thomas. Thomas says (col. 3, lines 62-63) that "suberic,
azelaic and sebacic acids are of lower solubilities and
therefore are not as useful ***."
49. In addition, a person having ordinary skill in
the art would have been able to determine from standard texts
the solubility of acids falling within the scope of those
described by Cook as "lower aliphatic monocarboxylic acids and
dicarboxylic acids ***."
50. Based on standard texts, a person having
ordinary skill in the art would have appreciated the
solubility in water of various acids to be the following:13
a. Malonic acid [3 carbon atoms] 138 parts in
100 parts of water at 16EC.
b. Succinic acid [4 carbon atoms] 6.8 parts in
100 parts of water at 20EC.
See, e.g., Wertheim, Organic Chemistry, page 249, Table 22 (2d ed. 1948); Kirk-13
Othmer, Encyclopedia of Chemical Technology, Vol. 14, page 772 (3d ed. 1981); and
Stephen et al., Solubilities of Inorganic and Organic Compounds, Vol 1, Part 1, pages
387-389, 392-394, 412 and 451 (1063) (Copy of Stephen attached as an Appendix to this
opinion).
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