Appeal No. 95-0578
Application 07/843,834
Tsai 4,959,124 Sep. 25, 1990
Ronnie G. Hise & Harold L. Hintz, “The Effect of Brownstock
Washing On the Formation of Chlorinated Dioxins and Furans During
Bleaching,” Tappi Journal, January 1990, 185-90.
J. K. Perkins, “Pulp & Paper Technology: Gas Phase Bleaching,”
CEP, June 1976, 51-4.
Appellant has relied on the following references of record
in his brief:
Andersson 4,595,456 Jun. 17, 1986
“Swedes Investigate Dioxin,” Paper Technology, December/January
1989, 36.
The examiner has rejected claims 1 and 2 on appeal under 35
U.S.C. ' 103 as being unpatentable over Perkins in view of Hise
for the reasons set forth in the Office action of June 24, 1992.
The examiner has rejected claims 3 through 5 on appeal under 35
U.S.C. ' 103 as being unpatentable over Perkins in view of Hise
as applied to appealed claim 1 further in view of Tsai for the
reasons set forth in the Office action of June 24, 1992. We
reverse.
Rather than reiterate the respective positions advanced by
the examiner and appellant, we refer to the examiner’s answer and
to appellant’s brief for a complete exposition thereof.
Opinion
We have carefully reviewed the record on this appeal,
including the examiner’s evidence of and argument for obviousness
and appellant’s countervailing evidence of and argument for
nonobviousness, and based thereon find ourselves in agreement
with appellant that the examiner has failed to carry his burden
of establishing a prima facie case of obviousness over the
applied references. It is well settled that the examiner may
satisfy this burden by showing some objective teachings or
suggestions in the prior art taken as a whole or that knowledge
generally available to one of ordinary skill in the art would
have led that person to combine the relevant teachings of the
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