Appeal No. 96-3169 4
Application No. 08/271,273
combined level of difatty ketones and $-keto esters of about 300 ppm or less.” See
Answer, pages 4 and 6. It is submitted, however, that it would have been obvious to
one of ordinary skill in the art to obtain the level of difatty ketones and $-keto
esters in the claimed process as the reaction conditions are closely related and an
analogous product is obtained therefrom. See Answer, pages 4 through 6. We
disagree.
Appellants have stated in their specification that, “[t]he improvement in this two
stage transesterification process according to the present invention involves carrying
out the second stage under reaction conditions that provide a combined level of
difatty ketones and $-diketoesters of about 300 ppm or less in the resulting highly
esterified polyol fatty acid polyesters, after any residual fatty acid esters, basic
catalyst and soap emulsifier have been removed. These reaction conditions involve a
combination of at least the following:
(a) controlling the level of easily removable alcohol in the liquid phase of the
second stage reaction to from 10 to about 100 ppm; and
(b) heating the second stage reaction mixture to temperatures in the range of from
o o o o
about 175 to about 275 F (from about 79.4 to about 135 C).” See specification
page 7, lines 4-18. In addition to the above requisite condition the specification
further discloses additional reaction conditions including steps (c) and (d) of the
claimed subject matter.
In comparing these conditions with those of the references of record, we find
that Willemse discloses a similar solvent free transesterification reaction conducted
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