Ex parte BACKLUND et al. - Page 12




             Appeal No. 1998-1832                                                                                    
             Application No. 08/434,331                                                                              


             recycling system for a bleaching sequence.  See Figure 3.  However, there is no                         

             disclosure of the system as a whole containing pulp digestion and a bleaching plant in a                

             single schematic sequence.  Moreover, it is Ahlstrom’s preference that both the hot alkali              

             extraction stage and the oxygen pre-bleaching step be integrated into the brown stock                   

             washing system, lowering the effluent leading to the recipient.  See page 2.  In addition,              

             Ahlstrom states that the bleach plant waste water can probably be taken to the cooking                  

             liquor preparation system.  See page 4.  Accordingly, we find no teaching or suggestion                 

             that a separate and independent recovery installation be established for the bleach plant               

             effluent.                                                                                               

                   Based upon the above considerations, even if the examiner was correct in                         

             combining Henricson, Phillips, and Smith with or without Mannbro, Reeve or Ahlstrom                     

             in the manner described supra, the recovery system and the process created would, in                    

             any event, fall short of the invention defined by the claimed subject matter, as the                    

             aforesaid claimed subject matter requires features that cannot be achieved by combining                 

             the four references.  Uniroyal, Inc. v. Rudkin-Wiley Corp., 837 F.2d 1044, 1051, 5                      

             USPQ2d 1434, 1438 (Fed. Cir.), cert. denied, 488 U.S. 825 (1988).  Accordingly,                         

             the examiner has not established a prima facie case of obviousness.                                     

                                                    DECISION                                                         


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