Ex parte POKORA et al. - Page 2




                Appeal No. 95-2444                                                                                                           
                Application 07/973,655                                                                                                       


                lignocellulosic pulp with soybean peroxidase in the presence of a                                                            
                peroxide and removing lignin from the pulp.  Appellants disclose                                                             
                that suitable pulps for the practice of the invention include                                                                
                kraft pulp (Specification, p.4).  Claim 1 is illustrative of the                                                             
                subject matter on appeal and reads as follows:                                                                               

                        1.  A process which comprises treating a lignocellulosic                                                             
                pulp with soybean peroxidase in the presence of a peroxide, and                                                              
                removing lignin from said pulp.                                                                                              

                        The references relied upon by the examiner are:                                                                      

                Johnson et al. (Johnson)                          5,147,793                Sep. 15, 1992                                     
                Vaherl et al. (Vaherl)                            0 395 792                Nov.  7, 1990                                     
                (European Patent Application)                                                                                                
                Canadian Patent Application                       2,019,411                Dec. 22, 1990                                     

                        The following rejections are at issue in this appeal:                                                                
                        (1) Claim 1 is rejected under 35 U.S.C. § 102(a) or (e) as                                                           
                anticipated by or, in the alternative, under 35 U.S.C. § 103 as                                                              
                obvious over the '793 patent.2                                                                                               
                        (2) Claims 1-4, 6 and 9-12 are rejected under 35 U.S.C.                                                              
                § 103 as being unpatentable over Canadian patent application no.                                                             


                        2    The examiner refers to U.S. Patent No. 5,147,793, as "Cyrus, Jr. et                                             
                al." throughout the final Office action and the answer, and appellants refer to                                              
                this same reference as "Johnson '793."  We will refer to U.S. Patent No.                                                     
                5,147,793 as “the '793 patent”.                                                                                              
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