Ex parte RYHAM - Page 6




          Appeal No. 1998-3168                                                        
          Application No. 08/420,730                                                  


          the preheating period for the operation of digesters.  This                 
          motivation is expressly stated by Dean (page 1, column 1,                   
          lines 36 et seq.).                                                          
               Appellant contends at page 6 of the principal brief that               
          Dean is non-analogous prior art because "[n]ot only does the                
          disclosure of Dean apply solely to batch digesters, but the                 
          disclosure of Dean applies to old obsolete batch digesters."                
          However, appellant's own specification states that the present              
          invention is applicable to continuous or batch digesters (page              
          2, lines 19-21).                                                            
               Appellant also maintains that "[b]oth the disclosure of                
          Dean and other conventional batch digester recovery systems                 
          are limited to the recovery of heat from vapor and none employ              
          the hot spent cooking liquids as does the present invention"                
          (page 7 of principal brief, last paragraph).  However, it is                
          our view that appellant ascribes too narrow an interpretation               
          of Dean by one of ordinary skill in the art.  In our view, one              
          of ordinary skill in the art would have understood Dean as                  
          teaching the production of a pure form of steam from                        
          sufficiently hot streams of a paper milling process, be they                
          liquid or vapor.                                                            

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