Appeal No. 96-3862
Application No. 08/189,861
and/or degree of reaction to differentiate over the method of
Braslaw. We also agree with the examiner that the passage of
the dissolution product mixture through the rotating film
evaporator of Braslaw necessarily results in the stirring3
thereof. Thus, based on the present record, we are in
agreement with the examiner's conclusion that Braslaw
anticipates the claimed method. In this regard, appellants'
claimed process including the second lower temperature
stirring step conducted at 50-180°C has not been distinguished
from the substantially same step employed in the rotating film
evaporator of Braslaw. See In re Best, 562 F.2d 1252, 1255-
56, 195 USPQ 430, 433-34 (CCPA 1977). We do not find
appellants' argument regarding possible distinctions in what
the claimed process may achieve in terms of reaction in
conducting the lower temperature stirring step (brief, page 4)
persuasive in light of the above.
3 The American College Dictionary, Random House, The L.W.
Singer Company, Syracuse, NY, p. 1188 (1970) defines stir as
"1. to move or agitate (a liquid, or any matter in separate
particles or pieces) so as to change the relative position of
component parts, as passing an implement continuously or
repeatedly through: to stir one's coffee with a spoon. 2. to
move, esp. in some slight way...." and defines stirring at
page 1189 as "1. that stirs...."
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