Ex parte DELCOURT et al. - Page 5




          Appeal No. 96-3376                                                          
          Application 08/164,889                                                      



          prior art.  We find this argument to be unpersuasive, because               
          the embodiment of the mixer seen in Figures 7 and 8 of Carre is             
          clearly suggestive of the claimed subject matter as broadly                 
          defined in claims 28, 31 and 32 on appeal.                                  


                    In particular, we point to the ring (2) located                   
          intermediate the stator members (8) in Figures 7 and 8 of Carre,            
          noting that it is substantially concentric with the base of the             
          rotor and extends outwardly, in the axial flow direction, from              
          the base.  The ring (2) is disclosed as being spaced from the               
          stator members by a distance (h) that is in the range of 1 to 30            
          millimeters, preferably between 2 and 10 millimeters (Carre,                
          col. 3, lines 56-58).  Since 1 inch equals 25 mm, it is apparent            
          that this spacing range encompasses both the "0.5 inches or                 
          less" range of claim 31 and the "0.25 inches or less" range of              
          claim 28.  With regard to the length of the ring (2), seen best             
          in Figure 8 of Carre, it is stated in column 3, lines 59-63, that           
          the length of the gap, and thus the length of the ring in the               
          mixer of Figure 8, should exceed (h) by several times "suitably             
          between 3 and 25 times, preferably between 5 and 20 times."                 
          Accordingly, the length of the ring (2) in Figure 8 of Carre may            
          be between 3 and 750 mm, or up to 30 inches (750 mm divided by              
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