Ex parte DELCOURT et al. - Page 8




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



                    a cross-sectional shape corresponding to that                     
                    of a truncated right circular cone frustum.                       


                    In this particular case, we look to the embodiment                
          of the mixer seen in Figures 4 and 6 of Carre, noting that the              
          rings (13) therein are substantially concentric with the base               
          of the rotor (2) and extend outwardly in a radial direction                 
          from the base.  However, as recognized by the examiner, the                 
          cross sectional shape of the rings in Carre Figures 4 and 6 is              
          rectangular, not that of a "truncated right circular cone                   
          frustum," as in appellants' claim 30 on appeal.  The examiner               
          turns to Forbes for the teachings of this feature in a mixing               
          device, noting that the rings (90) of the rotor flange (54) and             
          the rings (94) of the stator plate (75) therein have                        
          complementary shaped cooperating surfaces spaced to define                  
          annular mixing volumes and cross sectional configurations in the            
          form of a truncated right circular cone frustum.  In column 5,              
          line 65, through column 6, line 10, Forbes notes that the                   
          complementary surfaces of the rings/ridges (90, 94) force the               
          materials being mixed to pass therebetween in the form of a thin            
          undulating stream and create a shear field to further reduce the            
          particle size of the dispersed phase of the dispersion.  The                

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