Ex parte DELCOURT et al. - Page 9




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



          examiner concludes from the collective teachings of the applied             
          references that                                                             
                    [i]t would have been obvious to one having                        
                    ordinary skill in the art, at the time                            
                    applicants’ invention was made, to have                           
                    substituted the rings of rectangular cross-                       
                    section in Carre et al. with rings having a                       
                    cross sectional shape of a truncated right                        
                    circular cone frustum as disclosed by Forbes                      
                    for the purpose of creating a shear field to                      
                    enhance the shearing of the material being                        
                    processed (answer, page 5).                                       


                    In the paragraph bridging pages 12 and 13 of the                  
          answer, the examiner further urges that one of ordinary skill in            


          the art would have recognized that a ring of rectangular cross              
          section and a ring having a cross section of a truncated right              
          circular cone frustum are each                                              
                    well known types of rotor and stator pro-                         
                    jections used in the mixing art (as evidenced                     
                    by the prior art of record), and that such                        
                    projections are generally alternative                             
                    mechanical structures used for establishing                       
                    turbulence and creating shear fields in the                       
                    prior art to Carre et al. and Forbes and as                       
                    claimed by applicant [sic].                                       
          With this as background, the examiner concludes that the                    
          selection of either the rectangular cross section ring or the               
          ring having a cross section of a truncated right circular cone              
                                          9                                           





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