Appeal No. 2006-1873 Page 7
Reissue Application No. 08/058,163
isopropenyl-1-methyl-cyclobutane-ethanol (30% Racemic)” (Table II, bridging cc.
13-14).
22. Appellants rely on the description of grandlure as an oil in the ‘968 patent (c. 2, ll.
33-35) to show that grandlure is a liquid.
Thus, the original and reissue specifications describe grandlure as a composition
comprising 30% racemic cis-2-isopropenyl-1-methyl-cyclobutane-ethanol, not as
synonymous with cis-2-isopropenyl-1-methyl-cyclobutane-ethanol.3 Nonetheless, the
description of grandlure in the ‘968 patent is sufficient to establish that the cis-2-
isopropenyl-1-methyl-cyclobutane-ethanol component of grandlure is also an oil and
that the pheromone recited in original patent claim 13 was not a solid pheromone.
23. The original and reissue specifications describe “trimedlure” as an alternative
name for “1,1-dimethyl-4(and 5)-chloro-2-methylcyclohexane-1-carboxylate”
(c. 10, ll. 4-5).
24. Appellants rely on the description of the properties of trimedlure as a “[l]iquid; bp
90-92C (0.6 mm Hg), soluble in most organic solvents, insoluble in water” in
Hawley (p. 1180) to show that trimedlure is a liquid.
25. According to Hawley, “trimedlure” is the generic name for tert-butyl 4(or 5)-
3 We have come across evidence that grandlure is a four component mixture (see e.g., U.S.
Patent 5,900,234, c. 1, 39 (copy enclosed)), i.e., (I) cis-2-isopropenyl-1-methylcyclobutane ethanol, (II) Z-
3,3-dimethyl-1-cyclohexane ethanol, (III) Z-3,3-dimethyl-1-cyclohexane acetaldehyde, and (IV) E-3,3-
dimethyl-1-cyclohexane acetaldehyde (see e.g., U.S. Patent 5,759,561, c. 8, ll. 20-27 (copy enclosed)).
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