Trouble ahead for Gevo's US 8,101,808?
IPBiz has frequently mentioned "The Simpsons Already Did It" episode of South Park. Now, we may have a "Simpsons already did it" moment in the Gevo/Butamax isobutanol saga.
Specifically, Biofuels Digest refers to one Adriano Marino as saying a research paper titled An Alternative Process for Butanol Production: Continuous Flash Fermentation was published in August 2008, prior to the filing date of Gevo's US 8,101,808 , filed December 23, 2008. One does note that US '808 claims priority to four different provisional patent applications, including 61/017,141 filed Dec. 27, 2007.
A legal question would be whether or not the provisionals provide written description and enablement support for the claims of US '808, including the base claim:
A method to recover a C3-C6 alcohol from a fermentation broth comprising microorganisms and the C3-C6 alcohol, comprising: a. increasing the activity of the C3-C6 alcohol in a portion of the fermentation broth to at least that of saturation of the C3-C6 alcohol in the portion; b. forming a C3-C6 alcohol-rich liquid phase and a water-rich liquid phase from the portion of the fermentation broth; and c. separating the C3-C6 alcohol-rich phase from the water-rich phase.
One would also ask whether the disclosure in the Brazilian paper anticipates, or renders obvious, the claims of Gevo's US '808.
The examples of US '808 include:
Example 1
Enrichment of C3-C6 Alcohols from Aqueous Solutions Using Solvents
This example illustrates the enrichment of C3-C6 alcohols, such as propanol (PrOH), butanol (BuOH), isobutanol (i-BuOH) and pentanol (PenOH), from aqueous solutions using various solvents.
Example 2
Extraction of Isobutanol from Aqueous Solutions Using Solvents
Example 3
Enrichment of C3-C6 Alcohols from Aqueous Solutions Using Gasoline
Example 4
Enrichment of C3-C6 Alcohols from Aqueous Solutions Using Gasoline and Glucose Addition
Example 5
Enrichment of C3-C6 Alcohols from Aqueous Solutions Using Gasoline and Calcium Chloride Addition
Example 6
Enrichment of C3-C6 Alcohols from Saturated Aqueous Solutions Using Gasoline and the Addition of a Hydrophilic Compound
Example 7
Phase Separation of Propanol from Aqueous Solutions by Addition of a Hydrophilic Compound
Example 8
Phase Separation of Tertiary-Butanol (or t-Butanol) from Aqueous Solutions by Addition of Glucose
Example 9
Phase Separation and Concentration of Sub-Saturated Butanol and Isobutanol Solutions by Addition of Glucose
Example 10
Phase Separation and Concentration of Sub-Saturated Isobutanol Solutions by Addition of Glucose
Example 11
Phase Separation of Sub-Saturated Aqueous Butanol and Isobutanol Solutions by Addition of Calcium Chloride
Example 12
Enrichment of Butanol by Adsorption
Example 13
Enrichment of Isobutanol from Aqueous Solutions with Acidic Amine-Based Extractants
Example 14
Enrichment of Isobutanol from Dilute Aqueous Solutions with Low Amounts Acidic Amine-Based Extractants
Example 15
Enrichment by Contact with Molecular Sieves
Example 16
Enrichment by Generation of Isobutanol and Water Azeotrope Composition
Example 17
Enrichment by Generation of 1-butanol and Water Azeotrope Composition
Example 18
Enrichment by Generation of Iso-Butanol and Water Azeotrope Composition
Example 19
Enrichment by Generation of Iso-Butanol and Water Azeotrope Composition
Example 20
Production and Recovery of Isobutanol Using an Integrated Fermentation and Recovery System
["The fermentor vessel was attached by tubing to a smaller 400 mL fermentor vessel that served as a flash tank...
Heat and vacuum were applied to the flash tank. The vacuum level applied to the flash tank was initially set at 45 mBar and the flash tank was set at about 45.degree.]
The Brazilian paper discloses: The process consists of three interconnected units, as follows: the fermentor, the cell retention system (tangential microfiltration) and the vacuum flash vessel (responsible for the continuous recovery of butanol from the broth).
As a separate point, the Brazilian paper relied primarily on modeling [ The evaluation was carried out through mathematical modeling and computer simulation ]. Would the modeling tools, and predictions, have been available PRIOR TO the Brazilian publication?
***Footnote as the Simpsons, South Park
"So I shouldn't care if I come up with an idea, and the Simpsons already did it"
Specifically, Biofuels Digest refers to one Adriano Marino as saying a research paper titled An Alternative Process for Butanol Production: Continuous Flash Fermentation was published in August 2008, prior to the filing date of Gevo's US 8,101,808 , filed December 23, 2008. One does note that US '808 claims priority to four different provisional patent applications, including 61/017,141 filed Dec. 27, 2007.
A legal question would be whether or not the provisionals provide written description and enablement support for the claims of US '808, including the base claim:
A method to recover a C3-C6 alcohol from a fermentation broth comprising microorganisms and the C3-C6 alcohol, comprising: a. increasing the activity of the C3-C6 alcohol in a portion of the fermentation broth to at least that of saturation of the C3-C6 alcohol in the portion; b. forming a C3-C6 alcohol-rich liquid phase and a water-rich liquid phase from the portion of the fermentation broth; and c. separating the C3-C6 alcohol-rich phase from the water-rich phase.
One would also ask whether the disclosure in the Brazilian paper anticipates, or renders obvious, the claims of Gevo's US '808.
The examples of US '808 include:
Example 1
Enrichment of C3-C6 Alcohols from Aqueous Solutions Using Solvents
This example illustrates the enrichment of C3-C6 alcohols, such as propanol (PrOH), butanol (BuOH), isobutanol (i-BuOH) and pentanol (PenOH), from aqueous solutions using various solvents.
Example 2
Extraction of Isobutanol from Aqueous Solutions Using Solvents
Example 3
Enrichment of C3-C6 Alcohols from Aqueous Solutions Using Gasoline
Example 4
Enrichment of C3-C6 Alcohols from Aqueous Solutions Using Gasoline and Glucose Addition
Example 5
Enrichment of C3-C6 Alcohols from Aqueous Solutions Using Gasoline and Calcium Chloride Addition
Example 6
Enrichment of C3-C6 Alcohols from Saturated Aqueous Solutions Using Gasoline and the Addition of a Hydrophilic Compound
Example 7
Phase Separation of Propanol from Aqueous Solutions by Addition of a Hydrophilic Compound
Example 8
Phase Separation of Tertiary-Butanol (or t-Butanol) from Aqueous Solutions by Addition of Glucose
Example 9
Phase Separation and Concentration of Sub-Saturated Butanol and Isobutanol Solutions by Addition of Glucose
Example 10
Phase Separation and Concentration of Sub-Saturated Isobutanol Solutions by Addition of Glucose
Example 11
Phase Separation of Sub-Saturated Aqueous Butanol and Isobutanol Solutions by Addition of Calcium Chloride
Example 12
Enrichment of Butanol by Adsorption
Example 13
Enrichment of Isobutanol from Aqueous Solutions with Acidic Amine-Based Extractants
Example 14
Enrichment of Isobutanol from Dilute Aqueous Solutions with Low Amounts Acidic Amine-Based Extractants
Example 15
Enrichment by Contact with Molecular Sieves
Example 16
Enrichment by Generation of Isobutanol and Water Azeotrope Composition
Example 17
Enrichment by Generation of 1-butanol and Water Azeotrope Composition
Example 18
Enrichment by Generation of Iso-Butanol and Water Azeotrope Composition
Example 19
Enrichment by Generation of Iso-Butanol and Water Azeotrope Composition
Example 20
Production and Recovery of Isobutanol Using an Integrated Fermentation and Recovery System
["The fermentor vessel was attached by tubing to a smaller 400 mL fermentor vessel that served as a flash tank...
Heat and vacuum were applied to the flash tank. The vacuum level applied to the flash tank was initially set at 45 mBar and the flash tank was set at about 45.degree.]
The Brazilian paper discloses: The process consists of three interconnected units, as follows: the fermentor, the cell retention system (tangential microfiltration) and the vacuum flash vessel (responsible for the continuous recovery of butanol from the broth).
As a separate point, the Brazilian paper relied primarily on modeling [ The evaluation was carried out through mathematical modeling and computer simulation ]. Would the modeling tools, and predictions, have been available PRIOR TO the Brazilian publication?
***Footnote as the Simpsons, South Park
"So I shouldn't care if I come up with an idea, and the Simpsons already did it"
posted by Lawrence B. Ebert at 10:48 AM
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