Appeal No. 2001-0697 Page 4
Application No. 09/125,033
invention applies CO2 as a displacing acid which is surprising as CO2 is about 7
orders of magnitude weaker than sulfuric acid used [in the prior art] and also
much weaker than carboxylic acids.”). See also pages 13-14.
Discussion
The examiner rejected claims 1-21 and 23-27 as obvious in view of the
combined teachings of March, either of Walkup I or Walkup II, and Cockrem.
She cited March as teaching that “esterification of carboxylic acids with alcohols
is well known.” The Walkup patents (which have the same specification) are
cited for disclosing a process similar to that of the instant claims, but using
ammonia to control the pH of the fermentation medium, rather than a sodium- or
calcium-containing base, thus producing ammonium lactate salt in the medium.
the examiner cites Cockrem as teaching “production of lactic acid and lactic acid
esters from fermentation broths . . . using bases such as ammonia, calcium
carbonate, calcium hydroxide or sodium hydroxide.” Examiner’s Answer, page 4.
The examiner concluded that
[i]t would have been obvious to the ordinary artisan that any salt of
any carboxylic acid would be useful in the esterification of said acid
with an alcohol. . . . Cockrem et al. teach the specific salts recited
by the claimed invention. . . . It would also have been obvious to
the ordinary artisan to use a sodium or calcium base in neutralizing
the fermentation broth with the production of the sodium or calcium
salt of the acid present in said broth and to use said salt(s) in the
esterification process as taught by Walkup et al. with the
reasonable expectation that the reaction would run to completion
with the production of an ester of said acid as taught by the prior
art.
Examiner’s Answer, pages 4-5.
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