Appeal No. 2004-1935 Page 6
Application No. 09/308,403
reaction is equivalent to addition of exogenous hydrogen peroxide. The combined
teachings of the references would have rendered obvious both the composition of claim
1 and the method of claim 17.
Appellant’s main argument is that those skilled in the art would not have been led
to combine the references. Appellant argues that “Greenshields teaches polymerization
of hemicellulose gels, while Crawford teaches a process for depolymerization of
lignocellulose. . . . Polymerization and depolymerization are the antithesis of each
other.” Appeal Brief, page 7. As evidence that those skilled in the art would have found
the invention nonobvious, Appellant relies on the declaration (37 CFR § 1.132) of
Roderick Greenshields. In his declaration, Dr. Greenshields summarizes the process
disclosed in the present application (¶¶ 5 and 11) and the disclosures of the
Greenshields and Crawford patents (¶¶ 6-10). Dr. Greenshields concludes (¶¶ 12-13):
12. The outcome of the reaction of US’304 [sic, US ‘403, the instant
application] in light of Greenshields et al. and Crawford et al. was
unexpected. I would have expected rather that in situ generation of
peroxide would depolymerise hemicellulosic material, as had occurred
with structurally similar lignin molecules in Crawford et al. In my opinion,
the artisan of ordinary skill would also have expected depolymerisation of
hemicellulosic material by in situ generation of peroxide.
13. I would also have expected, reading the materials and method in
US’403, that depolymerisation of hemicellulosic material by in situ
generation of peroxide would occur because of the high levels of
glucose/glucose oxidase used. I believe that the artisan of ordinary skill
would likewise be surprised that the levels of oxidase and oxidase
substrate did not depolymerise the hemicellulosic material of US’403.
Neither Appellant’s arguments nor the Greenshields declaration persuade us that
those skilled in the art would not have found it obvious to combine the references cited
by the examiner. Appellant’s position, in a nutshell, is that Greenshields teaches
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