Ex parte EYAL - Page 3



                  Appeal No. 2001-0697                                                             Page 3                     
                  Application No. 09/125,033                                                                                  

                                                        Background                                                            
                         Carboxylic acids, such as lactic acid, are commonly produced by                                      
                  fermentation of a carbohydrate-containing substrate by microorganisms.  See the                             
                  specification, pages 1-3.  As the desired carboxylic acids build up, however, they                          
                  acidify the medium and inhibit the activity of the fermenting microorganisms.                               
                  Therefore, a base is added to maintaining the pH at an optimal level.  “More                                
                  concentrated medium resulting from fermentation is obtained but said medium                                 
                  contains the salt of the acid rather than the free acid.”  Id., page 1.  Typically, a                       
                  strong mineral acid is then added to displace the carboxylic acid from the salt                             
                  and the desired carboxylic acid is purified by esterification and distillation.  “The                       
                  purified ester can then be used as such or be hydrolysed to recover pure lactic                             
                  acid.”  Id., page 2.                                                                                        
                         The specification discloses a process of producing lactic acid esters or                             
                  amides that eliminates the need to use a strong mineral acid to convert the                                 
                  carboxylic acid salt to free carboxylic acid.  The disclosed process begins with a                          
                  fermentation medium containing the sodium or calcium salt of a carboxylic acid.                             
                  This medium is combined with an organic compound containing either a hydroxyl                               
                  group (to form an ester) or an amine group (to form an amide) and CO2.  The                                 
                  CO2 is disclosed to displace the sodium or calcium from the carboxylic acid salt,                           
                  forming sodium or calcium carbonate and/or bicarbonate, and allowing the                                    
                  carboxylic acid to react with the organic group to form the desired product, the                            
                  carboxylic acid ester or amide.  See the specification, pages 4-5 (“The present                             







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