Appeal No. 96-3169 6
Application No. 08/271,273
In our view, since the combined level of difatty ketones and $-ketoneesters of
about 300 ppm is a derived value dependent on the reaction conditions required by
the claimed subject mater, the references of record must disclose that each of the
conditions (a) through (d) are necessarily present in order to obtain the requisite
combined level of
difatty ketones and $-ketoesters. However, Willemse discloses pressures which are
preferably lower than those required by the claimed subject matter and
temperatures which may be substantially higher than those of the claimed subject
matter. Moreover, Willemse does not disclose sparging with an inert gas in the second
stage of the reaction as required by the claimed subject matter.
As to Volpenhein, the maximum pressure disclosed for the second stage is less
than the minimum pressure required by the claimed subject matter. The temperature
range overlaps that required by the claimed subject matter and it cannot be found
that the amount of easily removable alcohol is necessarily within the range required
by the claimed subject matter.
Based upon the above findings and analysis, we determine that none of the
references taken alone or together suggest or teach all of the claimed procedural
limitations, let alone the combined level of difatty ketones and $-diketoesters of about
300 ppm or less of the claimed subject matter. Although the requisite level of
ketone and ester may inherently be present, provided that all other limitations are
also present, inherency requires that the characteristic must necessarily be present.
It may not be established by probabilities or possibilities. Hence, the mere possibility
6
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007