Appeal No. 2001-0098 6
Application No. 08/875,424
of a sequestering agent. See page 4. We find that when a sequestering agent is present,
one can also add a small amount of acid in step Q. Id. We further find that both
temperature and pressure conditions are disclosed for step Q. See page 5. However,
there is no suggestion of using both an acid treating step in the absence of a sequestering
agent and a separate sequestering treatment.
Furthermore, we find that WO 94/20674 discloses that, “in a variant, to use,
prior to the sequence of treatment steps according to the invention, at least one washing,
or a decontaminating, pretreatment step using an aqueous acidic solution and/or a solution
of a sequestering agent for metal ions (step Q),” may be used. See page 8. Accordingly,
WO 94/20674 provides for two separate steps of pretreating the chemical pulp. We
further find that thereafter pH, pressure and time conditions are provided which are within
the scope of the claimed subject matter. See page 9. Notwithstanding these findings, the
variant proposed by WO 94/20674 for a pretreatment must occur prior to the sequence
of steps. The first step of the sequence is step O, the oxygen treatment step. Accordingly,
the variant suggested would have the nomenclature DQOQPA. This suggested sequence
of steps is not the sequence of steps required by the claimed subject matter.
Furthermore, the secondary references relied upon by the examiner fail to provide
the requisite motivation to combine the teachings of any of the secondary references with
those of WO 94/20674. The examiner merely states that, “it would have been obvious”
to change sequences or control the conditions in the absence of stating why the changes
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