Appeal No. 1999-0678
Application No. 08/462,691
in the art in 1989 or 1990 -– that ozone could be used as
the sole bleaching gas for pulp having a consistency of 5-
25%. The general disclosure of bleaching chemical on page
5, lines 4 through 6, of the Canadian patent would not tell
me in 1989 or 1990 any way in which I could bleach pulp
having a consistency of 5-25% with ozone alone. The method
that is described in the paragraph before Example 1 on page
5 of the Canadian patent, and in Example 1, does not use
ozone at all, and in fact the Example suggests the use of an
alkali charge, which would result in a pH outside the range
that ozone bleaching would be effective.
Meredith does not remedy Sundman as it teaches away from
using ozone as the only bleaching agent for bleaching the pulp at
medium consistency. See Figures 2 and 3, Table 1, column 2,
lines 14-17 and column 3, lines 56-58. Moreover, the Lowe
declaration unequivocally states (page 1, paragraphs 2 and 3)
that:
. . . IN JUNE OF 1988, AT THE REQUEST OF MICHAEL D.
MEREDITH, ECONOTECH CONDUCTED THE TESTS REPORTED IN TABLES
I-III OF MEREDITH U.S. PATENT 4,902,381, A COPY OF THE PAGES
OF THAT PATENT HAVING THE TESTS ATTACHED HERETO AS EXHIBIT
A. IN ALL OF THESE TESTS, THE CONSISTENCY OF THE PULP WAS
ONE PERCENT (1%) SOLIDS, INCLUDING FOR THE “OZONE ONLY”
TESTS.
. . . AT THE TIME THE TESTS WERE CONDUCTED IN JUNE
1988, WE HAD NO CAPABILITY OF CONDUCTING THE TESTS FOR
“OZONE ONLY” AT 5%-20% PULP CONSISTENCY BECAUSE WE KNEW OF
NO WAY TO PROVIDE ADEQUATE MASS TRANSFER BETWEEN THE PULP
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