Appeal No. 2004-1877
Application No. 09/178,512
Also, as pointed out by the examiner, Figure 8 of Sandström also
depicts alkali concentrations within the claimed range.
Appellants contend that "[t]he Sandström article deals with
improving the pulp strength properties for softwoods with a kappa
number of 32 being the desired kappa, while the applicants'
invention is directed toward hardwoods" (page 3 of Brief, third
paragraph). However, we agree with the examiner that Sandström's
disclosure is not limited to softwoods but is generally
applicable to methods of producing cellulose pulp from cellulosic
fibrous material. Sandström's reference to softwoods with a
kappa number of 32 is exemplary only.
Appellants have not refuted the examiner's finding that it
would have been obvious for one of ordinary skill in the art to
perform the claimed cooling step in the process of Chasse,
particularly in light of Kettunen.
Appellants rely upon the Stromberg Declaration of
March 4, 2002 as evidence of increased yield attributable to the
claimed method. However, we agree with the examiner that the
Declaration fails to establish that the 1% increase in yield
would have been truly unexpected by one of ordinary skill in the
art in light of the teachings of Chasse and Sandström. In re
Merck & Co., 800 F.2d 1091, 1099, 231 USPQ 375, 381 (Fed. Cir.
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