Appeal No. 2004-2026
Application No. 09/793,652
8.4. See page 6, lines 1-42, Examples 1 and 2, Test 1-3. The
process exemplified by Holtinger involves, inter alia, treating an
oxygen-delignified sulphate pulp of softwood having a kappa number
of 15.7 or 8.2 with an acid at a pH of 2 at a temperature of 50 oC
for a period of 30 minutes and bleaching the resulting product with
hydrogen peroxide.2 Id. According to page 2, lines 44-45, and
page 5, lines 27-38, of Holtinger, the acid-treatment exemplified
can also be carried out at a temperature of 10 oC to about 100 oC
for a time period of from about 1 minute to about 600 minutes at a
pulp concentration of 1% by weight to about 60 % by weight and a pH
of up to about 5. See Merck & Co. v. Biocraft Labs, Inc., 874 F.2d
804, 807, 10 USPQ2d 1843, 1846 (Fed. Cir. 1989)(“the fact that a
specific [embodiment] is taught to be preferred is not controlling,
since all disclosures of the prior art, including unpreferred
embodiments, must be considered”); In re Boe, 355 F.2d 961, 965,
148 USPQ 507, 510 (CCPA 1966)(all of the disclosures in a
reference, including non-preferred embodiments, “must be evaluated
for what they fairly teach one of ordinary skill in the art”).
2 The appellant does not argue that Holtinger does not teach
the claimed pulp consistency. See the Brief and the Reply Brief
in their entirety.
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