Ex Parte LAINE et al - Page 9


               Appeal No. 2001-0065                                                                                                   
               Application 09/048,289                                                                                                 
                       discussed, and the accepts of the second intertiary screening stages are                                       
                       returned upstream of the oxygen reactor, whereas the rejects are totally                                       
                       discharged.  Thus, it is believed that Mannbro’s teachings are specifically distinct                           
                       from the claimed invention in which the coarse fraction of the rejects, including                              
                       shives, are returned prior to the oxygen reactor.  Thus, Mannbro does not teach                                
                       the invention of claim 1, nor any reason why this would be provided, nor any                                   
                       reason why Ahs et al would be modified in view of Mannbro. (Appeal Brief, page                                 
                       9, line 16 to page 10, line 6)(Emphasis in Original).                                                          
                       We disagree with this interpretation of Mannbro, and point the Appellants to the                               
               entire disclosure of Column 9, line 39, to Column 10, line 2, which discusses Figure 1.                                
               There the function of the line in Figure 1 leading back to the press is clearly described at                           
               lines 63-69 of Column 9, which we reproduce as follows:                                                                
                       If it is desirable to bleach away such material in the oxy-stock which material                                
                       normally would be rejected from the process in the form of screening rejects, this                             
                       material can instead, preferably after disintegration, be returned to the brown                                
                       stock to be subjected to repeated oxygen delignification.                                                      
                       While disintegration is preferred, it clearly is not required.  Thus, Mannbro                                  
               discloses the feeding of the rejected shives back into the brown stock, with or without                                
               further processing.                                                                                                    
                       The Appellants also assert that there is an “unexpected” advantageous result in                                
               the present invention – in the elimination of the expense of an additional oxygen reactor                              
               without the elimination of its function (Appeal Brief, page 5, lines 25-26).   The Examiner                            
               notes in reply that:                                                                                                   
                       The instant process would require several passes to obtain the same shive                                      
                       reduction taught by AHS.  The oxygen delignification reactor of the instant case                               
                       would have to be larger than the oxygen delignification reactor of AHS to handle                               
                       the additional passes of pulp.  Such may not result in economic savings                                        
                       (Examiner’s Answer, page 8, lines 8-11).                                                                       
                       While the decreased operating expense (if any) might be advantageous, we do                                    
               not see the purported process economies of the screenroom rejects feeding into the                                     


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