Appeal No. 1998-3049
Application No. 08/463,558
This view is further galvanized by the expert opinions in the
Lindholm declaration and the Mjoberg reference as explained by
appellants in their Brief.
The remaining references do not indicate whether the stable
foam required by Sundman can be formed at a condition in which
ozone acts as the only bleaching agent.
Recognizing the need to remedy the deficiency of Sundman, the
examiner states (Answer, page 10) that:
Although the bleaching with oxygen and ozone are [sic,
is] different, one of ordinary skill would recognize
these differences and proceed accordingly.
However, the Greenwood declaration states (page 3, paragraph 5)
that:
5. The situations with oxygen and chlorine are starkly
different from the situation with medium consistency
ozonation. Kamyr, Inc. has an actual pilot plant for
medium consistency ozonation operating in Canada, with
which I am very familiar. In the pilot plant, and in
medium consistency ozonation in general, it is difficult
to maintain the foam created by mixing because of the
large amounts of gas and because of the acidic pH under
which the ozone bleaching reaction occurs. Also there
are no presently known acid foaming agents which are
resistant to ozone attack that can be used to stabilize
the foam.
This sentiment is echoed by the Reeve declaration by stating (pages
8 and 9, paragraph 18) that:
18. The Canadian patent relates to oxygen bleaching at
high pH. Ozone and oxygen are very different bleaching
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