Ex parte KIRSCHNER et al. - Page 7






                           Appeal No. 1997-1371                                                                                                                                                                                         
                           Application 08/213,290                                                                                                                                                                                       


                           2.    Friend teaches scrubbing the waste stream with an aqueous solution such                                                                                                                                
                           as oxidized white liquor or other alkaline mixtures from the pulping and                                                                                                                                     
                           bleaching processes (col. 3, lines 23-28; and col. 7, line 46, through col. 8,                                                                                                                               
                           line 12) to –                                                                                                                                                                                                
                                                                                      1                                                                                                                                                 
                           a.     remove ozone  and carbon dioxide from the waste stream (col. 4, lines                                                                                                                                 

                           38-46); and                                                                                                                                                                                                  
                           b.     form a scrubbed stream (col. 4, lines 35-37 ).                                                                                                                                                        
                           3.  However, Friend does not teach forming the oxygen containing stream for                                                                                                                                  
                           use in the oxygen delignification stage from at least part of the scrubbed                                                                                                                                   
                           stream.  Instead, the scrubbed stream is recycled into the ozone generator                                                                                                                                   
                           (col. 1, lines 9-13).                                                                                                                                                                                        
                                                                                                            Opinion                                                                                                                     
                                        The examiner rejects claims 1 and 2 under 35 U.S.C. § 103 as being unpatentable                                                                                                                 
                           over Griggs in view of Friend.  We reverse.2                                                                                                                                                                 
                                        As noted above, neither Griggs nor Friend teach the step of forming the oxygen                                                                                                                  
                           containing stream for use in the oxygen delignification stage from at least part of the                                                                                                                      
                           scrubbed stream.  Instead, both references teach recycling the spent ozone/oxygen stream                                                                                                                     

                                        1 Friend also teaches that the ozone may be thermally or catalytically destroyed (col. 7,                                                                                                       
                           lines 17-28).                                                                                                                                                                                                
                                        2 In view of our reversal of this rejection, we do not find it necessary to discuss the                                                                                                         
                           separate rejection of dependent claim 2 over Griggs, Friend, Suzuki and Barker, especially                                                                                                                   
                           since Suzuki and Barker do not overcome the deficiencies of Griggs and Friend.                                                                                                                               
                                                                                                                   7                                                                                                                    



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