Appeal 97-2805
Application 08/355,712
an impure "acid" with a "salt." Item (A) in claim 1 is an
impure acid having the formula:
Note that the moiety SO H is an acid moiety, not a salt
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moiety.
Itoh describes a process for making the impure acid which
includes the use of sulfuric acid. Essentially, Itoh reacts
(1) a nitrile, (2) a sulfonic acid or sulfonic acid salt and
(3) sulfuric acid (col. 3, lines 54-57). The result is a
sulfonic acid salt (col. 3, last line to col. 4, line 2).
Thus, the presence of sulfuric acid results in the preparation
of a salt regardless of whether a sulfonic acid or a sulfonic
acid salt is used as item (2), supra.
Accordingly, we hold that Itoh fails to make out a prima
facie case of obviousness vis-a-vis claims 1-18. The
examiner's reliance on the Itoh description of the use of a
sulfonic acid fails because Itoh's subsequent reaction of the
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