Ex Parte KAUFHOLD et al - Page 6




              Appeal No. 2001-2028                                                                           6                
              Application No. 09/141,163                                                                                      

              of cyclopropane carboxylic acid esters.  See column 3, line 64 to column 4, lines 11.  We                       
              find that the temperature of the esterification reaction is “about 20o to 200o C.”  Id.  We                     
              conclude that the teachings of Liang are sufficient to meet the requirements of the                             
              temperature range of claim 2.  We find that, “[t]he alcohol is generally employed in a                          
              quantity of 1 to 200 equivalents per equivalent of cyclopropanecarboxylic acid to be                            
              converted.”  See column 4, lines 32-34.  We conclude therefrom that alcohol may be                              
              present in excess, in an equivalent quantity and even a deficient quantity, inasmuch as the                     
              term “generally” provides for an amount of alcohol other than those specifically set forth in                   
              the disclosure of Liang.  We conclude therefrom that the range of components disclosed by                       
              Liang is sufficient to meet the stoichiometric requirements of claims 10 and 11 and                             
              accordingly meet the requirements of claim 1.                                                                   
              We find that recovery and isolation of excess alcohol and the ester product may be                              
              accomplished by distillation.  See column 4, lines 50-51.  We conclude therefrom that                           
              each of the other components likewise present at the end of the reaction may also be                            
              recovered by distillation including any water of condensation and any unreacted                                 
              cyclopropane carboxylic acid.  Accordingly, the distillation requirements of the claimed                        
              subject matter are satisfied by Liang.                                                                          
              As to the presence of an acid catalyst of a selected group as required by claim 4,                              
              Liang discloses the presence and utilization of acid catalysts including sulfuric acid, p-                      
              toluene sulfonic acid, methyl sulfonic acid and ion exchange resins containing sulfonic acid                    






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