Appeal No. 94-4357
Application No. 07/739,050
declaration by Spencer W. Eachus proffered by appellants under
37 CFR § 1.132 also acknowledges that ”it is known that the
CO level affects the efficiency of ozone generation in the
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oxygen stream.” See page 1. Appellants further acknowledge
(Brief, pages 6 and 7) that:
Ozone generation efficiency depends on a variety
of factors other than carbon dioxide content and
overall oxygen purity. The general effect of
various factors is discussed in Nebel, Ozone,
“Encyclopedia of Chemical Technology”, vol. 16, pp.
693-96 (3d ed., John Wiley & Sons 1981). Of the
various factors discussed, generator size, power
density and flow rate most directly impact on the
cost of generation. Thus, it would appear to be
possible to maintain apparent generation efficiency
at high carbon dioxide levels.
Although increasing the generator size, reducing power
density or reducing the actual flow rate maintains
an apparent efficiency, there is a tradeoff in the
capital costs are increased or productivity is
decreased.
Given the above facts, we agree with the examiner that it
would have been prima facie obvious to one of ordinary skill
in the art to treat a recycle oxygen gas stream in the carbon
dioxide scrubber illustrated in the Fritzvold reference to
have the claimed carbon dioxide concentration level for the
purpose of ozone generation in the bleaching process shown and
described in the Fritzvold reference with a reasonable
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