Appeal No. 2001-1375
Application 09/204,609
skill in the art, with no knowledge of the invention, would
modify the prior art in the manner claimed. Id.
The examiner’s findings are insufficient to show that one of
ordinary skill in the art would have been motivated to modify
Turunen to achieve the claimed invention absent knowledge of
appellants’ invention. In particular, the examiner has failed to
identify any teaching or suggestion in Turunen of a two step
process for preparing a cellulose carbamate solution wherein, in
each step, the weight ratio of cellulose carbamate to sodium
hydroxide is greater than one as required by the claims.
Further, Turunen fails to teach a processing temperature of less
than 10EC. Rather, as alluded to by appellants, Turunen suggests
that the processing temperature is actually higher than 10EC
since it is indicated that crystallization, which takes place
after preparation of the carbamate solution, requires cooling to
a temperature of 10 to 20EC. See Reply Brief, page 3
(referencing column 3 of Turunen).
Accordingly, we conclude that the examiner has failed to
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