Appeal No. 2006-3151
Application No. 10/767,679
In particular, the Examiner argues that “the ‘free acid,’ ‘partially
neutralized’ acid (formula I), and ‘fully neutralized[’] acid (formula II), exist
in solution in equilibrium with one another, with the concentration of the
different forms being governed by the individual Ka of each ‘neutralization’
reaction.” (Answer 16.) In support of this position, the Examiner points to
equilibrium equations that are well known in the art, as evidenced by the
attached excerpt from a Chemistry textbook.3 These equations support the
Examiner’s conclusion that malonic acid, at pHs in the range disclosed by
Jokura, provides a solution containing “fully neutralized acid” and “partially
neutralized acid” in equilibrium with one another (“fully neutralized
acid”/“partially neutralized acid” = Ka2/[H+]) and “partially neutralized acid”
and “free acid” in equilibrium with one another (“partially neutralized
acid”/“free acid” = Ka1/[H+]) and therefore provides a solution containing
“fully neutralized acid,” “partially neutralized acid,” and “free acid.”
Appellants provide no support for the allegation that “free acid can
only co-exist with a partially neutralized salt.” We conclude that this
unsupported allegation is insufficient to rebut the Examiner’s prima facie
case that claim 2 would have been obvious. Therefore, we affirm the
rejection of claim 2 under 35 U.S.C. § 103. Claims 3 and 11 fall with
claim 2.
3 Ronald J. Gillespie et al., Chemistry 516-520, 524-525, & 550-551 (1986)
(copy attached).
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