Appeal 2007-0535
Application 10/601,731
Appellants also argue that “Jokura has but a single reference to
malonic acid” and that this reference is in a list that includes seven other
acids (Br. 7). In addition, Appellants argue that “even here the reference
mishandles the structure” in that the “‘X’ of malonic [acid] is ‘CH2’ instead
of the specified ‘CH3’” (id.). Appellants also argue that “none of the
Examples utilize malonic acid. The only exemplified dicarboxylic acid is
succinic” and that “[e]ven the exemplification of succinic acid does not
disclose the half neutralized acid salt, i.e. sodium or potassium hydrogen
succinate” (id.). Thus, Appellants argue that Jokura’s examples “obscure
and . . . even teach away from the half neutralized salt” (id.).
We are not persuaded by these arguments. First, we agree with the
Examiner that Jokura specifically teaches malonic acid. That Jokura
misidentifies the X group in malonic acid as CH3 rather than CH2 does not
detract from the clear recitation of malonic acid. One of ordinary skill in the
art is well aware of the structure of malonic acid. In addition, that malonic
acid is not included in any of the examples does not detract from the clear
teaching of malonic acid.
In addition, we do not agree that Jokura’s examples “obscure and . . .
even teach away from the half neutralized salt” (Br. 7). Although
Example 1, for instance, describes compositions comprising succinic acid
and either potassium succinate trihydrate or sodium succinate, it is clear that
this refers to what was added to form the compositions. As with malonic
acid, once these components are added to water, the composition would
include both the fully and half neutralized acids, as well as succinic acid, in
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