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.
4
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