Appeal No. 95-4089
Application 08/090,073
Cook differs from the subject matter of claim 1 in that
Cook does not describe the use of maleic acid as one of the
acids which can be used as one of the "lower aliphatic ***
dicarboxylic acids" (col. 6, lines 31-32) (Finding 45). In
our opinion, the subject matter of claim 1 as a whole would
have been obvious notwithstanding the noted difference.
At the outset, we note that Cook limits the acids which
can be used to those which are "lower aliphatic" acids. While
"lower" is not defined per se, we note that Cook refers to
representative acids having 1 to 6 carbon atoms (col. 6,
line 34). Moreover, Cook specifically mentions alkenyl acids,
which would be acids having a double bond, i.e., unsaturated
as opposed to saturated acids. Important also is the emphasis
Cook places on the acid being soluble in water (col. 6, line
42). Cook emphasizes solubility in the context of describing
the use of a mixture of acids in which glutaric acid is used
to "maximize water solubility of the mixture" (col. 6, line
42). The mixture also is said to contain adipic and succinic
acids, neither of which is particularly soluble. Wertheim,
page 249, Table 2. Thomas also expresses a concern for
solubility, preferring acids which are more soluble.
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