Appeal No. 1997-0090
Application No. 08/083,183
To achieve the brightness levels claimed, appellants’ process
is said to require four conditions which must all be fulfilled
(brief, page 4), specifically including, inter alia, the
presence of at least one stabilizing agent in a final peroxide
stage.
We agree with appellants that neither the combined
teachings of the relied upon prior art references nor the
“Admitted Prior Art” combination of teachings are sufficient
to establish a prima facie case of obviousness for the herein
claimed process. Specifically, in the record before us, the
examiner has not established an adequate factual foundation to
support a conclusion that a person of ordinary skill in this
art would have been led to have modified either the Lundgren
process or the “Admitted Prior Art” process to include a final
treatment stage “with hydrogen peroxide in an alkaline medium”
carried out “in the presence of at least one stabilising
agent”, at a consistency of at least 25% by weight of solids,
as required by the appealed claims.
Appellants emphasize in their specification at page 3,
line 19-23 that
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