#James pooley oplc trial#

Patent Application Publication 2008/0103318

Obviousness claims 1–5, over the disclosure of International Publication WO 01/72732, either alone or in combination with Inventor's Certificate RU-448177 and U.S. The IPR was instituted over the following prior art: According to the opinion, 'the specification states that the inventors 'surprisingly' achieved high yields of FDCA,' which were asserted during the IPR proceedings to constitute one of the 'secondary considerations' (aka objective indicia) of non-obviousness.

The opinion also consulted the specification to further explicate the meaning of these terms, as shown in the parenthetical annotations above. (4) a catalyst comprising cobalt ('Co'), manganese ('Mn'), and bromine ('Br') ('based on both cobalt and manganese and suitably containing a source of bromine' 'The catalyst may also contain 'one or more additional metals, in particular and/or. (3) a solvent comprising acetic acid ('he most preferred solvent is acetic acid') and

The pressure of the reaction mixture is preferably selected such that the solvent is mainly in the liquid phase' 'In the case of continuously feeding and removing the oxidant gas to and from the reactor, the oxygen partial pressure will suitably be between 1 and 30 bar or more preferably between 1 and 10 bar.') (2) an oxygen partial pressure ('PO 2') of 1 to 10 bar ('The pressure is determined by the solvent (e.g., acetic acid) pressure at a certain temperature. may lead to decarboxylation and to other degradation products.') (1) a temperature between 140☌ and 200☌ ('higher than 140° C' 'at least 140° C., preferably from 140 and 200° C., most preferably between 160 and 190° C,' albeit noting that 'emperatures higher than 180☌. (Where the italicized portion of the claim are the terms considered by the PTAB and the Federal Circuit.) The opinion enumerated the four conditions recited in the claims (and that were the basis for its opinion) as: at an oxygen partial pressure of 1 to 10 bar, wherein a solvent or solvent mixture comprising acetic acid or acetic acid and water mixtures is present. A method for the preparation of 2,5-furan di-carboxylic acid comprising the step of contacting a feed comprising a compound selected from the group consisting of 5-hydroxymethylfurfural ('HMF'), an ester of 5-hydroxymethylfurfural, 5-methylfurfural, 5-(chloromethyl)furfural, 5-methylfuroic acid, 5-(chloromethyl)furoic acid, 2,5-dimethylfuran and a mixture of two or more of these compounds with an oxygen-containing gas, in the presence of an oxidation catalyst comprising both Co and Mn, and further a source of bromine, at a temperature between 140° C. 8,865,921 as being invalid for obviousness claim 1 is representative:ġ. The instituted petition challenged claims 1-5 and 7-9 of U.S. FDCA can be produced from sugars and thus is considered by the Department of Energy to be a 'green' or environmentally beneficial precursor to other materials. The patent was directed to methods for oxidizing 5-hydroxymethylfurfural or derivatives thereof under reaction conditions specified by the claims ('temperature, pressure, catalyst, and solvent'), to form 2,5-furan dicarboxylic acid ('FDCA').

#James pooley oplc trial#

The Federal Circuit reversed a finding of non-obviousness in a Patent Trial and Appeal Board decision in an inter partes review, in an opinion handed down Monday in E.