Appeal No. 2001-0098 9
Application No. 08/875,424
we previously found a temperature range which overlaps that of the claimed subject
matter. Thereafter, the pH is raised to 5.0 and EDTA, a complexing and sequestering
agent is added. Thereafter, the pulp is bleached with hydrogen peroxide. We further find
that after each stage the pulp is washed, which provides for step f. In our view, any
additional washing steps are not precluded by the term in the claimed subject matter of
“substantially sequentially.” As for the amount of hydrogen peroxide used in the
treatment of pulp, we cannot compare the proportions of EP’ 491 with that of the claimed
subject matter. In our view however, the amount of peroxide utilized is nothing more than
a result effective variable. It is well settled that discovery of an optimum value of a result
effective variable in a known process is ordinarily within the skill of the art. See In re
Boesch, 617 F.2d 272, 276, 205 USPQ 215, 219 (CCPA 1980); In re Antonie, 559
F.2d 618, 620, 195 USPQ 6, 8-9 (CCPA 1977); and In re Aller, 220 F.2d 454, 456,
105 USPQ 233, 235 (CCPA 1955).
Finally, we note that the kappa number as a result of the process is reduced from
15.7 to a number between 7.1 and 8.4, which provides the requisite decrease in kappa
number required by the claimed subject matter. Although Example 1 does not specifically
disclose at which step of the process the kappa number decreases, the reference to
Marèchal clearly discloses that the decrease in kappa number is a result of treating pulp
with sulfuric acid at a temperature of about 100oC for 1 to 3 hours hour at a pH of about
2.0 prior to bleaching. See pages 262-266 and 271. It is accordingly evident that the
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