Ex Parte Fuertes et al - Page 4

                 Appeal 2007-2187                                                                                        
                 Application 10/148,793                                                                                  
                      by heat dehydration of lactic acid, at the temperature of 130-230ºC under                          
                      a reduced pressure and in the presence of alkali metal compounds.”                                 
                      [0004].                                                                                            
                  3) Okada (JP H6-65230 A) discloses a method for producing a                                            
                      lactide in which a polylactic acid having a molecular weight of 200-4000                           
                      is used as a raw material.  P. 3, para. 1.                                                         
                  4) According to Okada, lactic acid is preferably produced by                                           
                      dehydrating condensation of the lactic acid in the presence of a high-                             
                      boiling point alcohol under reduced pressure.  P. 3, para. 2.                                      
                  5) Okada discloses that the reaction produces “lactic acid, a lactic                                   
                      acid decomposition product, a lactic acid oligomer, and the compound of                            
                      the alkali metal used as a catalyst and the like, and they can be treated                          
                      without worrying especially about environmental contamination.”  P. 4,                             
                      para 2.                                                                                            
                  6) Okada teaches that the lactide is distilled away, recrystallized and                                
                      used for a polymer raw material.  P. 7, para. 4.                                                   

                                        ANALYSIS AND CONCLUSIONS                                                         
                        Appellants concede that Taniyama’s method inherently includes a step                             
                 of forming a lactide.  Reply Br. 2 (“the depolymerization and purification of                           
                 OKADA are necessarily included in TANIYAMA to the extent that                                           
                 TANIYAMA makes its lactide according to the teachings of OKADA”).                                       
                 However, Appellants argue that Taniyama’s method does not expressly or                                  
                 inherently disclose a step of forming a lactic acid oligomeric composition,                             
                 i.e., an intermediate product formed during the step of forming a lactide.  Br.                         
                 4-5.                                                                                                    

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