Appeal No. 1999-0678
Application No. 08/462,691
it appears that one of ordinary skill in the art would have
readily recognized it as a result effective variable, i.e., a
factor affecting the level of bleaching.
Further, we observe that U.S. Patent issued to Phillip et
al. on February 8, 1983 refers to a TAPPI article, Canadian
Patent 966,604 and U.S. Patent 4,080,869. See column 5, lines
29-38. These patents and article are said to show ozone
bleaching stages for a pulp consistency of 1-40%, which are
carried out at a pH of 2-7.
Upon return of this application, the examiner is to
determine:
1) Whether the judicially created doctrine of obviousness-
type double patenting rejection (provisional) based on claims
18 through 23, 25 through 30 and 32 through 41 of the above-
mentioned copending Application is applicable to claims
18 through 35 of the present application; and
2) Whether the patentability of the presently claimed
subject matter is affected by the teachings of the TAPPI article,
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