Appeal No. 2001-0065
Application 09/048,289
We disagree with this interpretation of the claims. Both claims 1 and 18 clearly
recite “directly transporting” and the specification, page 6, lines 19-24 notes:
The term “directly transporting” as used in the present specification and claims
with respect to conveyance of pulp from after an in-line screening stage to before
an in-line oxygen delignification stage means that the pulp is substantially only
conveyed from one place to the other, e.g. by pumping or pressure differential,
without refining or accessory oxygen delignification.
This language is clear. Substantially only conveyed from one place to the other
is the meaning to be given to the term “directly transported”, and as an example, is
illustrated pumping or pressure differential transport without refining or accessory
delignification. As a consequence, other major processing steps beyond conveying are
excluded, although conceivably minor carryover, e.g. a continuation of delignification,
could occur. Had the Appellants desired more leeway in processing during the
transport process, they should have chosen language other than “directly transporting.”
In Exhibit A, the Appellants have not made clear the function of elements M800,
M400, or the structure between M400 and M800. Given that they are said to be
additional screening (Pikka declaration, paragraph 2, line 4) and there is evidently
another processing stage between the screening steps, the Examiner correctly
determined that the process diagram does not correspond to the claimed subject
matter. In Exhibit B, the function of the devices between lines 22 and 23 is unclear, and
the diagram is incomplete. We are additionally unable to see a return line from the
rejects to the digester, despite the declaration saying this is so.
In any event, it seems clear that neither Exhibit A nor Exhibit B comport with the
claim restrictions “substantially only conveyed” and as such this evidence lacks a nexus
to the claimed invention.
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