Appeal No. 1998-3049
Application No. 08/463,558
The general disclosure of bleaching chemical on page
5, lines 4 through 6, of the Canadian patent would not
tell me in 1989 or 1990 any way in which I could bleach
pulp having a consistency of 5-25% with ozone alone. The
method that is described in the paragraph before Example
1 on page 5 of the Canadian patent, and in Example 1,
does not use ozone at all, and in fact the Example
suggests the use of an alkali charge, which would result
in a pH outside the range that ozone bleaching would be
effective.
Meredith does not remedy Sundman as it teaches away from using
ozone as the only bleaching agent for bleaching the pulp at medium
consistency. See Figures 2 and 3, Table 1, column 2, lines 14-17
and column 3, lines 56-68. Moreover, the Lowe declaration
unequivocally states (page 1, paragraphs 2 and 3) that:
2. IN JUNE OF 1988, AT THE REQUEST OF MICHAEL D.
MEREDITH, ECONOTECH CONDUCTED THE TESTS REPORTED IN
TABLES 1-III of MEREDITH U.S. PATENT 4,902,381, A COPY OF
THE PAGES OF THAT PATENT HAVING THE TESTS ATTACHED HERETO
AS EXHIBIT A. IN ALL OF THESE TEST, THE CONSISTENCY OF
THE PULP WAS ONE PERCENT 1% SOLIDS, INCLUDING FOR THE
“OZONE ONLY” TESTS.
3. AT THE TIME THE TESTS WERE CONDUCTED IN JUNE
1988, WE HAD NO CAPABILITY OF CONDUCTING THE TESTS FOR
“OZONE ONLY” AT 5%-20% PULP CONSISTENCY BECAUSE WE KNEW
OF NO WAY TO PROVIDE ADEQUATE MASS TRANSFER BETWEEN THE
PULP AND OZONE GAS AT THAT CONSISTENCY RANGE, NOR ANY WAY
TO EFFECTIVELY ADD THE AMOUNT OF TOTAL GAS THAT WOULD BE
NECESSARY IN ORDER TO EFFECT OZONE BLEACHING BECAUSE OF
THE LOW PERCENTAGE OF OZONE THAT CAN BE PROVIDED IN
CARRIER GAS.
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