Appeal No. 2005-0075
Application No. 09/951,049
first stream of the recited allyl compound with a second stream
comprising the recited base to cause evolution of the
cyclopropene, passing the cyclopropene gas through a condenser,
and contacting the cyclopropene gas with an encapsulation agent
in a second vessel to give a precipitate of the encapsulated
cyclopropene. The sole argument advanced by appellants is that
"Daly provides the encapsulation agent in the form of a slurry in
water or as dry material whereas Applicants' process requires a
solution of the encapsulation agent in water" (page 3 of Brief,
last paragraph, emphasis added). Appellants contend that,
although Daly describes a solution of the encapsulation agent,
cyclodextrin, the amounts of cyclodextrin used by Daly is more
than can be dissolved in solution in the amount of water
disclosed. Appellants explain that since the cyclodextrin "used
by Daly has a water solubility of 14.2 grams per 100ml . . .,
0.575 liters of the buffer solution could contain a maximum of
81.65 grams of dissolved cyclodextrin, not the 900 grams that
Daly teaches" (page 4 of Brief, second paragraph).
The flaw in appellants' argument is that Daly describes, as
acknowledged by appellants, at least a maximum of 81.65 grams of
cyclodextrin in solution. Manifestly, even though the
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