Appeal No. 95-2022
Application No. 08/063,056
Claim 31, which is illustrative of the subject matter on
appeal, reads as follows:
31. A low molecular weight lignin fraction of aqueous
lignin solution useful in the preparation of lignin modified
phenol-formaldehyde resins, said lignin fraction comprising
molecules of a lignin solution which, upon being subjected to
ultrafiltration, pass through an ultrafiltration membrane having
a molecular weight cut-off of about 50,000 and are rejected by an
ultrafiltration membrane having a molecular weight cut-off of
about 2,000, wherein more than 60 wt[.] percent of the molecules
of said lignin fraction have a molecular weight which does not
exceed the molecular weight of Glucagon and more than 65 wt[.]
percent of the molecules of said lignin fraction have a molecular
weight which does not exceed 5,000, as determined by gel
chromatography, and wherein said aqueous solution is selected
from the group consisting of black liquor, lignin solution, whole
bagasse lignin, and blends thereof.
The single reference relied on by the examiner:
Forss et al. (Forss) 4,105,606 Aug. 8, 1978
The issues presented for review are: (1) whether the
examiner erred in rejecting claims 2, 7 through 10, 12, 13, 15,
27 through 34, 36 and 37 under 35 U.S.C. § 102(b) as anticipated
by Forss; and (2) whether the examiner erred in rejecting claims
3 and 35 under 35 U.S.C. § 103 as unpatentable over Forss. For
the reasons set forth below, we affirm the rejection under
35 U.S.C. § 102(b), but reverse the rejection under 35 U.S.C.
§ 103.
DISCUSSION
As correctly found by the examiner, the low molecular weight
lignin product defined in independent claims 31 and 32 reasonably
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