Appeal No. 1998-2077
Application 08/553,324
in the alternative, an ozone stage followed by washing, followed by bleaching. This sequence may be
designated as QP or ZP. See column 3, lines 45-65. We find that alternative sequences are further
disclosed wherein, “a ZEZP sequence may be utilized (the E stage may be an E stage), with or
op
without a chelating stage before the first Z stage.” See column 4, lines 6-8. However, the addition of a
Q stage results only in the sequence QZEZP.
It is the examiner’s position that it would have been obvious to further chelate any remaining
transition metals prior to the washing and peroxide stage and subsequent to the ozone stage in
Backlund. See Answer, page 4. However, on the record before us, we determine that there is no
motivation, suggestion or evidence to further chelate remaining transition metal ions in accordance with
the examiner’s suggestion.
In addition, the examiner relying on Lindberg, column 2, lines 29-31, argues that it would have
been prima facie obvious to have the ozone and chelation steps in any order. Thus the chelation step of
Lundgren could follow the ozone stage of Backlund as both steps perform the same function of
removing transition metal ions as taught by Lindberg. See Answer, page 4. The portion of Lindberg,
relied upon reads, “[s]tep (a) may be an ozone stage, or a chelation stage (such as an EDTA stage, an
acid only stage, or a combination EDTA and acid stage).” The examiner accordingly finds that there is
a teaching of equivalency between the ozone stage and the chelation stage for the purpose of removing
transition metal ions. However, notwithstanding this teaching, this record fails to provide the requisite
suggestion or motivation to modify the QPZ sequence disclosed by Backlund to obtain the ZQP
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