Appeal No. 95-4089
Application 08/090,073
A person having ordinary skill in the art would have
recognized that maleic acid is more soluble in water (44.1
parts per 100 parts of water) than adipic acid (1.44 parts per
100 parts of water) or succinic acid (6.8 parts per 100 parts
of water), two acids which Cook and Thomas find suitable.
Likewise, we note that propionic acid described as suitable by
Cook is "completely water-soluble" (Wertheim, page 163).
In view of the description that the acids are "lower"
acids and the emphasis on solubility, we find that Cook
essentially describes the use of acids (1) having 6 or less
carbon atoms and (2) which are at least as soluble in water as
adipic acid (i.e., > 1.44 parts per 100 parts of water).
Maleic acid is an acid which fits well into the acids
described by Cook as being useful in his cleaning
compositions. Moreover, maleic acid is readily available,
mostly in the form of maleic anhydride which when mixed in
water is converted to maleic acid.
In rendering our decision, we have not overlooked the
Federal Circuit's holdings in In re Baird, 16 F.3d 380, 382,
29 USPQ2d 1550, 1552 (Fed. Cir. 1994) (fact that claimed
compound may be encompassed by a disclosed generic formula
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