Appeal No. 1996-0647
Application No. 07/871,401
J 29, column 2) procedure of GRANUM ET AL was performed on
both sulphite and kraft [sulphate] pulp.” (Answer, page 8, see
also page 6).
The examiner fails to show any evidence why it “appears”
the EXPERIMENTAL procedure of Granum was performed on sulphate
as well as sulphite pulps. The teachings of Granum are
directed to sulphite pulp bleaching. The comparison of
mutagenicity between sulphite and sulphate pulps in Granum is6
based on the chlorination effluent (page J 29, left column,
see Figure 15). Even though Granum discloses the mutagenicity
of sulphate pulp after oxygen and ozone delignification (id.),
the examiner has not pointed to any disclosure or teaching in
Granum which would have suggested that the specific bleaching
sequences on page J 26 would have been applied to sulphate
(kraft) pulps.
Appellant has submitted the Renard Declaration under 37
CFR § 1.132 executed on June 19, 1992, as evidence that, in
the knowledge generally available to one of ordinary skill in
6Granum teaches that ether extractable chloroorganics are
mainly responsible for the mutagenic activity in the
chlorination effluent (page J 29, left column).
7
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