Appeal No. 2001-2554 7
Application No. 08/925,321
the showing of unexpected results. In re Geiger, 815 F.2d 686, 688, 2 USPQ2d 1276,
1278 (Fed. Cir. 1987).
The Rejection of claims 27-28.
In contrast to each of the other independent claims on the record before us, claim
27 has no requirement for the reduction of hexenuronic acid which appellants have stated
is ordinarily present in pulp. See specification, page 4. Accordingly, provided that the
references of record disclose the method of claim 27, wherein each of the conditions is
disclosed, a prima facie case of obviousness is established. In this respect we find that Table
4 at page 270 of Marechal treats cellulose pulp. We find that the initial pH is about 4, the
actual pH being 4.13 wherein Marechal refers to the hydrolysis as being, “from dilute
H2SO4 at 110oC, with H+ concentration in the external liquid phase 100 times lower
(pH~4) than the one used with a buffer solution (pH~2).” We further find that the final
pH is 3.73 which is well within the scope of the claimed subject matter. We find that the
initial Kappa number is 20.0 and is reduced to 12.2. We find that a temperature of
110OC is disclosed at a total hydrolysis time of 90 minutes. We find that an overall
temperature range of 88 - 110o C is disclosed for times of 90-300 minutes. See Abstract,
Table 4 and the disclosure in general. Inasmuch as the appellant discloses that typical
treatment temperature and time includes “100OC about 0.5 to 4 hours.” See specification
page 10, line 5. We conclude that both the time and temperature fall within the scope of
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