Appeal No. 1999-0678
Application No. 08/462,691
This view is further galvanized by the expert opinions in the
Lindholm declaration and the Mjoberg reference as explained by
appellants in their Brief.
The remaining references do not indicate whether the stable
foam required by Sundman can be formed in a mixer at a condition
in which ozone acts as the only bleaching agent. Both Reeve and
Sundman, for example, are directed to a condition at which oxygen
acts as the primary bleaching agent.
The Greenwood declaration states (page 3, paragraph 5) that:
The situations with oxygen and chlorine are starkly
different from the situation with medium consistency
ozonation. Kamyr, Inc. has an actual pilot plant for medium
consistency ozonation operating in Canada, with which I am
very familiar. In the pilot plant, and in medium
consistency ozonation in general, it is difficult to
maintain the foam created by mixing because of the large
amounts of gas and because of the acidic pH under which the
ozone bleaching reaction occurs. Also there are no
presently known acid foaming agents which are resistant to
ozone attack that can be used to stabilize the foam . . . .
This sentiment is echoed by the Reeve declaration by stating
(pages 8 and 9, paragraph 18) that:
The Canadian patent relates to oxygen bleaching at high
pH. Ozone and oxygen are very different bleaching
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