Appeal No. 1997-1371
Application 08/213,290
commonly practiced and that it serves both economical and environmental purposes.
However, the claims before us are directed to a specific method of producing bleached
wood pulp that includes a step of recycling a specific scrubbed waste stream as part of the
oxygen containing stream for the oxygen delignification stage. Hence, the claims recite a
specific step of recycling a particular stream to a particular stage in the specified process.
On this record, the examiner has failed to show a teaching in the prior art or knowledge
generally available to one of ordinary skill in the relevant art of the desirability of forming
the oxygen containing stream for use in the oxygen delignification stage from at least part
of the scrubbed stream. The mere fact that the prior art may be modified in the manner
suggested by the examiner does not make the modification obvious unless the prior art
suggests the desirability of such modification. In re Brouwer, 77 F.3d 422, 425, 37
USPQ2d 1663, 1666 (Fed. Cir. 1996); See also In re Fritch, 972 F.2d 1260, 1266, 23
USPQ2d 1780, 1783 (Fed. Cir. 1992).
Lastly, we note that the examiner relies upon the Korpi and Brown decisions in
support of his position. We point out that the examiner’s holding in Korpi, that the claimed
limitation to recycling at least a portion of the unreacted hydrocarbons was common and
lacking invention, was supported by the citation of a prior art reference which disclosed
recycling of unreacted hydrocarbons, See Korpi 730 USPQ at 231.
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