Appeal No. 2006-3254
Application No. 10/347,982
acid can only co-exist with a partially neutralized salt because of pKa
considerations. There is thus no disclosure of a fully neutralized malonic
acid.” (Br. 6.) In traversing the rejection over Jokura in view of Cole
discussed below, Appellants argue that “[d]ifferences in pKa would have
any alkali first neutralize free acid before it would double neutralize both
carboxylic functions.” (Br. 11.) Appellants also argue that Günter does not
describe malonic acids or “mixed mono- and di-salts of dicarboxylic acids.”
(Br. 8.) Thus, Appellants argue that neither reference “disclose[s] mixtures
of partially and fully neutralized malonic acid.” (Id.)
We are not persuaded by this argument. We find that the Examiner
has set forth adequate scientific reasoning to support the conclusion that
Jokura discloses mixtures of partially and fully neutralized acid.
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 14.) 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”
3 Ronald J. Gillespie et al., Chemistry 516-520, 524-525, & 550-551 (1986)
(copy attached).
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