Ex Parte LAINE et al - Page 18


               Appeal No. 2001-0065                                                                                                   
               Application 09/048,289                                                                                                 
               connection after oxygen delignification has a positive effect on the quality of the pulp                               
               and on the operation and economy of the process”  (Exhibit D, page 250, column 1,                                      
               lines 17-19).  That, simply, does not equate to the claimed subject matter and the                                     
               screenroom location has been said, by the inventors, to be a choice of process                                         
               economy of the mill.                                                                                                   
                       Thirdly, no data are presented in declaration form and the heat savings                                        
               enumerated in the declaration are said to be “typically” from 50 – 100 Adt of steam per                                
               ton of pulp.  This provides no context for assessing the weight of the savings.  Such                                  
               information might be useful if this represented a significant savings, but the total heat                              
               expenditures are not provided in declaration form, and we have no way of assessing                                     
               their value.                                                                                                           
                       Thus, we agree with the conclusion of the Examiner that the Pikka declaration                                  
               does not overcome the prima facie case of obviousness for claim 1.   Claims 4 and 13                                   
               therefore fall with claim 1.                                                                                           
                       Turning now to claim 18, the Appellants state that the means for directly                                      
               transporting a shive containing rejects fraction from a screening stage downstream of a                                
               digester to the fiber line before an oxygen delignification stage is not taught by Ahs and                             
               Mannbro, and is contrary to their combined teachings.                                                                  
                       The Appellants are simply incorrect.  We direct the Appellants to the disclosure of                            
               Ahs and Mannbro as discussed above, specifically where Ahs provides a secondary                                        
               delignification (branch) line where the screen rejects are fed to a secondary reactor to                               
               be further delignified using oxygen in an alkaline environment (column 2, lines 35-40).                                
               After further delignification, the branch line feeds back into the main line at a point                                


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