Appeal No. 1998-3049
Application No. 08/463,558
the evidence of nonobviousness, on balance, outweighs the evidence
of obviousness. Our reasons for this determination follow.
Sundman states (page 1) that:
The present invention relates to a method of bleaching
cellulosic containing material with an oxidizing gas,
particularly oxygen gas, in an alkaline environment...
To “eliminate the drawbacks of the prior art processes,” Sundman
teaches adding a foaming agent added to the pulp suspension and
then utilizing the oxygen gas to effectuate foaming. See page 3.
According to Sundman (pages 3 and 4):
Thus, in accordance with the present teachings, an
improvement is provided in a method of bleaching
cellulosic material with an oxidizing gas in an alkaline
enviroment [sic. environment] in which a pulp suspension
which has a maximum consistency of 15% is treated with an
alkali solution and the oxidizing gas for effecting
removal of lignin from the cellulosic material such
treatment being effected at elevated temperature and
pressure, wherein the improvement comprises transforming
the pulp suspension into a stable foam in the presence of
a foaming agent.
Although Sundman states that oxygen may be substituted with, inter
alia, ozone, it does not teach or suggest a reaction condition in
which ozone can act as the only bleaching agent in its bleaching
process. Nor does Sundman teach or suggest that its desired stable
foam can be maintained at a condition other than an alkaline
condition. Indeed, the Lindholm declaration avers (page 3,
paragraph 4) that:
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