Ex parte FLEISCHLI et al. - Page 2




          Appeal No. 1997-0863                                                        
          Application 08/456,001                                                      


          Claims 30 and 31, the only other claims pending in this                     
          application, were not rejected by the examiner in the final                 
          rejection, however, appellants’ brief (Page 2, Paper No. 29,                
          filed September 9, 1996) indicates an assumption that these                 
          claims are rejected.  The examiner’s answer (Paper No. 30,                  
          page 4) includes claims 30 and 31 in the rejection under 35                 
          U.S.C.    § 102(b).  Thus, it is our view, and apparently that              
          of appellants and the examiner, that claims 1 through 14 and                
          22 through 31 are before us on appeal.                                      


          Appellants’ invention relates to a static mixer for                         
          thoroughly and efficiently mixing two or more fluids of                     
          varying viscosities.  Claims 1, 9, 14, 25, 26 and 29 are                    
          representative of the subject matter on appeal and a copy of                
          those claims is appended to this decision.                                  


          The prior art references of record relied upon by the                       
          examiner in rejecting the claims on appeal are:                             
          Fredriksson et al. (Fredriksson)   4,861,165           Aug. 29,             
          1989                                                                        


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