Appeal No. 96-3169 5
Application No. 08/271,273
at elevated temperature and reduced pressure. See column 1, lines 5-14. We find
o o
that a temperature range of 100 to 180 C is disclosed for each stage of the
transesterification reaction. See column 3, lines 50-52. We find that the pressure
can be reduced to less than 25 mbar during the final stage of the reaction
“preferably during the final stage (2) even lower pressures are applied, in
particular of less than 10 mbar and most preferably less than 5 mbar.” See column
3, lines 40-42. We find that 25 mbar corresponds to 18.75 mm Hg, that 10 mbar
corresponds to 7.5 mm Hg, and that 5 mbar corresponds to 3.75 mm Hg.
As to the mole ratios, we find that the requisite mole ratio is disclosed in
column 4, lines 38-41. We do not find, however, any disclosure of sparging with an
inert gas during the second stage of the reaction.
We find that Volpenheim discloses a solvent free transesterification process
for synthesizing higher polyol fatty acid polyesters. See column 2, lines 41-43. We
o
find that the second step of the process requires a temperature range of 120 C to
o
160 C and a pressure of from about 0.1 mm Hg to about 10 mm Hg. See column 5,
lines 36-39. We find that Volpenhein further discloses the use of various
techniques, “to effectively and efficiently remove the lower alcohol.” See column
5, lines 48-49. We find that patentee discloses that, “sparging has been found to
promote the reaction.” See column 5, line 51. We further find that the mole ratio
of fatty acid esters to polyol is above about 8:1. See column 5, lines 28-30. This
corresponds to ratios falling within that of (d) of the claimed subject matter.
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