Appeal No. 2001-2028 4
Application No. 09/141,163
The Rejection under Section 103(a)
It is appellants’ position that the claimed subject matter is directed to a process,
“for preparing cyclopropanecarboxylates of lower alcohols by esterification of the
carboxylic acid with the lower alcohol in the presence of an acid catalyst, where the
cyclopropane carboxylic acid is maintained in stoichiometric excess of 2 to 1000 times
with respect to the lower alcohol.” See Brief, page 4. In contrast, it is submitted that,
"Liang et al[.] conducts the reaction with a ratio of alcohol to acid from 5:1 to 11:1.”
See Brief, page 5. We disagree with appellants’ analysis.
Claim 1 requires that, “the cyclopropanecarboxylic acid is present in a
stoichiometric excess with respect to the lower alcohol, wherein said stoichiometric excess
is 2 to 1000 times.” The specification utilizes the same terminology, page 5, but fails to
further explain what is meant by requirement of a stoichiometric excess of 2 to 1000. As
the term is not further explained, we are required to give the term its ordinary and
customary meaning unless stated otherwise by appellants in their specification. The term,
“stoichiometric” is customarily defined as, “the determination of the proportions in which
the elements combine (formulas) and the weight relations of reactions.”1 Accordingly, a
stoichiometric excess of 2 to 1000 times requires that at least 2 times the amount of
cyclopropane carboxylic acid required to react with an alcohol is present in the reaction.
1Julius Grant, Ed., Hackh’s Chemical Dictionary, p. 639 (4th Ed., McGraw-Hill Book Co., New
York, 1972). Copy enclosed.
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007