Appeal No. 2001-2554 8
Application No. 08/925,321
the claimed subject matter. It is well settled that optimization of time and temperature
mode is a matter within the skill of the art. We conclude that control of time and
temperature which is significant in the products being prepared both by the references of
record and appellants is 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). Accordingly, we conclude
that the disclosure of Marechal is suggestive of the time and temperature requirements of
the claimed subject matter. Our position is further supported by claim 28 depending from
claim 27 which recites, “a temperature of between about 90-180oC.”
As to step (b)of the claimed subject matter, as each of the references of record
discloses bleaching the cellulose pulp, it would have been obvious to one of ordinary skill in
the art to have bleached the pulp prepared in Table 4. Accordingly, we conclude that a
prima facie case of obvious has been established.
The appellants’ principal argument in rebuttal to the prima face case of obviousness
is directed to the pulp yield % of o.d. pulp. It is appellants’ position that the pulp yields
are unacceptable. See paragraph 4, second declaration of Vuorinen. There is however, no
evidence, or side by side comparative data disclosing that the appellants obtain larger pulp
yields. We furthermore adopt the position of the examiner in response to the aforesaid
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