Appeal No. 95-4089
Application 08/090,073
c. Glutaric acid [5 carbon atoms] 63.9 parts
in 100 parts of water at 20EC.
d. Adipic acid [6 carbon atoms] 1.44 parts in
100 parts of water at 15EC.
e. Maleic acid [4 carbon atoms and a double
bond] 44.1 parts in 100 parts of water at
25EC.
51. Propionic acid [also known as propanoic acid],
explicitly described by Cook (col. 6, line 36) is "completely
water-soluble" (Wertheim, page 163; see also Stephen, supra
n.13 at 389).
52. A person having ordinary skill in the art would
have understood the Cook language "lower aliphatic *** acids"
(col.6, line 31) to mean saturated and unsaturated acids
having 1 to 6 carbon atoms. See, e.g., Kirk-Othmer,
Encyclopedia of Chemical Technology, Vol. 7, page 614 (3d ed.
1979), which describes dicarboxylic acids having the formula:
HOOC)(CH ) )COOH
2 n
as "saturated, linear aliphatic *** dicarboxylic acids ***."
Kirk-Othmer describes maleic acid as an unsaturated aliphatic
dicarboxylic acid. Hence, an "aliphatic dicarboxylic acid"
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