Ex parte DELCOURT et al. - Page 11




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



          lines 47-58.  The fact that Forbes may refer to the zone                    
          including the rings (90, 94) as a "refining zone" is, in our                
          opinion, of no moment, since one of ordinary skill in the art               
          would have recognized that such a zone would still provide the              
          increased shearing and mixing of the material passing through               
          this zone as desired in both Carre and Forbes.  While appellants            
          have argued in their brief (page 10) that the truncated elements            
          of their invention "are not provided in any way, shape or form to           
          pro-  vide a refining zone as is the purpose in Forbes," we find            
          such argument to be unpersuasive.  One of ordinary skill in the             
          art would certainly view the zone in appellants' mixing device              
          which includes the truncated ring elements to be broadly a                  
          "refining zone" where the coarse pulp entering through the inlet            
          (32) is subjected to fluidization and disruption of fiber flocks            
          so as                                                                       


          to expose individual fibers and to thereby maximize the direct              
          gas to fiber contact needed when using ozone as the bleaching               
          agent.                                                                      


                    Regarding appellants' argument that there is no                   
          suggestion of providing an increased pathway length in Carre                
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