Ex Parte STROMBERG et al - Page 4




          Appeal No. 2004-1877                                                        
          Application No. 09/178,512                                                  


          be avoided by first ensuring that the wood, or other cellulose, is          
          penetrated with a relatively cold alkali at the beginning of the            
          impregnation" (column 1, lines 24-26).  Chasse discloses that the           
          first alkali treatment zone is at a temperature of 80°-110°C,               
          which is within the claimed range of less than 120°C, and at an             
          alkali concentration of about 5-30 g/L, which meets the claimed             
          range of less than 30 g/L.  The second treatment zone of Chasse is          
          conducted at a temperature between about 110°-150°C and at an               
          alkali concentration that is typically at least 5 g/L greater than          
          the first treatment zone.  It can be seen that the temperature and          
          alkali concentration in Chasse's second treatment zone largely              
          overlap the recited ranges for appellants' second treatment zone.           
          Finally, Chasse cooks the cellulosic fibrous material at a                  
          temperature in the range of 150°-180°C, which meets the claim               
          recitation of greater than 140°C (see column 1, lines 60-62).               
          Although Chasse does not expressly disclose the level of alkali             
          concentration in the cooking step, it is reasonable to conclude             
          that the concentrations of less than 30 g/L present in the first            
          two treatment zones would also prevail in the cooking zone.                 
          Significantly, appellants' specification discloses that it was              
          conventional in the art for the alkali concentration to decline             
          during the course of treatment such that the final concentration            


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