Appeal 2007-2187 Application 10/148,793 Claim 11 is illustrative of the invention and is reproduced below: 11. A process for the preparation of a lactic acid ester composition from a lactic acid composition, comprising: a) a stage of conversion, with removal of water, of said lactic acid composition into a lactic acid oligomeric composition exhibiting a mean degree of polymerization (MDP) of between 3 and 30, b) a subsequent stage of mixing and of reaction of said oligomeric composition which is purified or unpurified with an alcohol, in the presence of a transesterification catalyst, for the purpose of esterifying all or a portion of the lactic acid present, in a monomeric, dimeric, oligomeric or polymeric form, in said oligomeric composition, and c) an optional stage of purification of the lactic acid ester composition thus obtained. The Examiner relies on the following prior art references to show unpatentability: Taniyama JP 8-040983 Feb. 13, 1996 Okada JP 6-065230 Mar. 1998 The Examiner made the following rejection1: Claims 11-25 and 28 under 35 U.S.C. § 102(b) as anticipated by Taniyama, as evidenced by Okada. ISSUE Appellants concede that Taniyama discloses a process for preparation of a lactic acid ester composition. However, Appellants contend that 1 The Examiner has withdrawn the rejection of claims 11-25 and 28 under 35 U.S.C. § 103 as unpatentable over Taniyama, as evidenced by Okada, in view of Verser. Answer 3. 2Page: Previous 1 2 3 4 5 6 Next
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