Appeal No. 2001-0065
Application 09/048,289
The Canadian patent (which has one inventor in common) discloses bleaching
pulp by using a plurality of bleaching agents (page 1, lines 3-6). One method of oxygen
delignification contained therein is two-stage upflow delignification (figure 1; figure 2;
page 3, lines 17-20), which is suggested to improve the kappa number over time (page
4, lines 21 et seq.). Further, mixing before the stages is suggested to break big bubbles
into micro bubbles to improve the treatment result (Page 5, lines 10-12). We note that
mixers in the main line are disclosed at page 6 lines 24-25 which illustrates the mixer 24
between the first and second reaction chambers.
We therefore disagree with the arguments put forth by the Appellants as regards
claims 5 and 17 and the subject matter of these claims would have been obvious to one
of skill in the art. There is a clear teaching to use these specific upflow reactors, in-line
mixing, and mechanical working without refining to improve quality.
However, as regards claims 6, 7, 8, 11, 12, and 19, we believe that the Examiner
has failed to meet the initial burden of putting forth a prima facie case of obviousness,
as no clear discussion of the individual claims, or even a general discussion of their
limitations, is found within the record. See, e.g., In re Oetiker, 977 F.2d 1443, 1445, 24
USPQ2d 1443, 1444 (Fed. Cir. 1992) (Examiner has initial burden of presenting prima
facie case of obviousness). We therefore reverse this rejection as it applies to claims 6,
7, 8, 11, 12, and 19.
D. Claims 9, 10 and 15 are rejected under 35 U.S.C. §103(a) as being unpatentable
over Mannbro with or without Ahs, further in view of Prough.
Claims 9 and 15 recite the additional step of chelating between delignifying and
screening, while claim 10 recites additional washing. Relying on Prough, the
Examiner’s Answer states that Prough teaches that the chelating agent can be added to
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