Appeal No. 1998-2133
Application No. 08/448,585
Phillips with Oldshue, Richter or Bosenius as above, and
further in view of Coste or Greenwood.
Based upon the record before us, we agree with appellant
that although the references cited by the examiner are
relevant, those references are insufficient to establish a
prima facie case of obviousness. Accordingly, we reverse each
of the rejections at issue.
Appellant's position is premised upon a solution to a
problem which has been found to exist in the prior art. That
problem relates to the limitations of a fluidizing mixer when
used to promote contact between a medium consistency pulp and
ozone dispersed in a carrier gas. See appellant's brief
(paragraph bridging pages 5-6). Apparently, insufficient
contact occurs due to the formation of large bubbles of ozone
in the mixer. See appellant's specification (page 3, lines 1-
10). Although the specification (page 3, lines 10-15)
indicates that the problem has been addressed in the prior
art, in our view, appellant's invention represents a unique
and nonobvious solution to that problem.
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