Ex Parte LAINE et al - Page 8


               Appeal No. 2001-0065                                                                                                   
               Application 09/048,289                                                                                                 
               13-14 and claim 16)), we do not find this difference sufficient to render the combination                              
               improper.                                                                                                              
                       Both Ahs and Manbro are concerned with the treatment and disposition of shives                                 
               in a chemical pulp process, and utilize a recirculating loop arrangement to accomplish                                 
               this disposition.  The fact that Mannbro may relate to a high consistency delignification                              
               process does not lead one of skill in the art away from the combination, as it is not the                              
               particular delignification process that is the central issue to one of skill in the art.  While                        
               high consistency and medium consistency delignification may be different, the                                          
               remainder of the disclosed structure and processes are nearly identical.  Furthermore,                                 
               in Mannbro the pulp is pressed in only stage 8, and rediluted before being screened in                                 
               stage 10.                                                                                                              
                       Thus, the pulp is only of high consistency for a very small portion of its journey                             
               through the Ahs apparatus (the reactor) and at one of skill in the art would be familiar                               
               with presses and redilution to adjust as necessary to engineer a plant.                                                
                       The Appellants also further criticize the Mannbro reference, stating “Also the                                 
               Mannbro reference does not teach circulating a reject fraction upstream of an oxygen                                   
               reactor, as is recited in claim 1” (Appeal Brief, page 9, lines 10 – 11).  In support of this                          
               statement, the Appellants assert a lack of clarity and state that:                                                     
                       Mannbro teaches in figure 1 and in column 1, lines 42 through 55, that chemical                                
                       pulp passes through a press 8 and an oxygen reactor and then is diluted and                                    
                       passes to a screen 10.  A line is shown in figure 1 of Mannbro leading from the                                
                       screen 10 back through a valve to the press 8.  No description is provided of                                  
                       what that line is, why a valve is there, etc.  However, it appears from column 5,                              
                       lines 51 through 54, that knot cores, bark, etc. are rejected from the system.                                 
                       That is that the course rejects, which would include shives, are completely                                    
                       discharged from the system and not used in any other way.  The fine impurities,                                
                       such as stickies, appear to be returned to the main line of the process.  It is                                
                       believed that in line 50 of column 5 of Mannbro that several screening steps are                               

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