Appeal No. 96-3376
Application 08/164,889
(brief, pages 10-11), we observe that if the height of the rings
(13) of Carre remains the same as in Carre Figure 6, but the
cross section is altered as noted above to be that of a truncated
right circular cone frustum, then the length of the pathway
through the rings seen in Figure 6 of Carre would of necessity be
longer, since the lengths of each of the sides of the rings would
be slightly longer.
In light of the foregoing, we will sustain the
examiner's rejection of independent claim 30 under 35 U.S.C. §
103 based on the collective teachings of Carre and Forbes.
Following appellants' indication on page 4 of the brief, we
consider that claim 36 will fall with claim 30.
We will not sustain the examiner's rejection of
claims 25 and 38 under 35 U.S.C. § 103 based on Carre and Forbes.
We find no teaching, suggestion, or incentive in the applied
references which would have made it obvious to one of ordinary
skill in the art to make the rings (13) seen in the mixer of
Figures 4 and 6 of Carre of a length to extend outwardly from the
base "at least about three inches," as required in appellants'
12
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