Ex Parte Thomas - Page 4


           Appeal No. 2005-1538                                                                      
           Application No. 09/950,654                                                                
           the cellulose by an amino or any other group, and is not                                  
           attached at all.  Appellant refers to several disclosures of                              
           Jewell in support thereof.  Brief, pages 6-7.                                             
                 On page 7 of the brief, appellant argues that the                                   
           nitroxides in Jewell are not employed as light stabilizers or                             
           yellow inhibitors; they are employed as oxidants.  Appellants                             
           conclude that Jewell contains no teachings whatsoever relevant                            
           to lignocellulosic materials and contains no teachings relevant                           
           to the problem of yellowing of lignocellulosic materials or                               
           brightness loss in lignocellulosic materials.  Brief, pages 7-                            
           10.                                                                                       
                 In response, beginning on page 4 of the answer, the                                 
           examiner disagrees that Jewell does not teach to treatment of                             
           lignocellulosic material.  The examiner states that Jewell                                
           teaches treating “lower cost market pulps” and refers to column                           
           4, lines 12-13 in this regard.  The examiner also finds that                              
           Jewell teaches that the invention is directed to fibrous                                  
           carboxylated cellulose products including bleached and                                    
           unbleached kraft hardwood or softwood pulps and refers to column                          
           4, lines 2-12 in this regard.  Answer, page 4.                                            
                 The examiner states that Jewell only excludes high α-                               
           cellulose pulps, not the lower grades of pulp that contain less                           
           α-cellulose.  Answer, page 4.                                                             
                 The examiner states that further evidence that Jewell                               
           includes lignocellulosic material is the statement made in                                
           column 4 at lines 18-26, where Jewell states the following:                               
                 To the present inventors’ knowledge the lower                                       
                 α-cellulose pulps or other cellulose having a high                                  
                 content of hemicellulose have never before been                                     
                 treated with TEMPO or other cyclic nitroxide                                        
                 compounds to produce a stable carboxylated fiber.                                   


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