Appeal 2007-2187
Application 10/148,793
Taniyama’s method utilizes a lactide (i.e., a dimer whose degree of
polymerization is constant at 2) and, therefore, does not anticipate the
claimed method which utilizes a lactic acid oligomeric composition having a
mean degree of polymerization between 3 and 30. The Examiner points out
that the Taniyama reference refers to Okada as a source of its lactide. The
Examiner notes that Okada discloses “the production of poly(lactic acid)
having a molecular weight of 200-4000 which, using a molecular weight for
lactic acid of 90 calculates to a mean degree of polymerization of 2 to 44.”
Answer 4. Therefore, the Examiner contends that Taniyama’s method
anticipates claims 11-25 and 28.
Based on the contentions of the Examiner and the Appellants, the
issue before us is: Has the Examiner established that Taniyama inherently
discloses the use of a lactic acid oligomeric composition in his method of
manufacturing a lactic acid ester?
For the reasons discussed below, we answer this question in the
negative.
RELEVANT FINDINGS OF FACT
1) Taniyama discloses a method for manufacturing a lactic acid ester
composition by reacting a lactide with alcohol in the presence of an acid
catalyst. Claim 1.
2) Taniyama notes that “lactide (3,6-dimethyl-1,4-dioxane -2,5-
dione) has been used as a raw material for lactic-acid polymers. . . . For
example, JP H6-65230 A discloses that the lactide is obtained almost
quantitatively after distillation, wherein said lactide is produced by
heating a low-molecular weight lactic acid oligomer, which is obtained
3
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