Ex parte FLEISCHLI et al. - Page 9




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


          second mixer is greater than the cross-sectional flow area of               
          the first mixer, or that the cross-sectional flow area of the               
          second mixer is greater than the cross-sectional flow area of               
          the first mixer along its entire length.                                    


          Appellants have additionally urged (brief, page 17) that                    
          claim 1 on appeal requires the second mixer to have a                       
          plurality of static mixer elements “disposed along a                        
          longitudinal axis thereof,” and that the second mixer in                    
          Miyata lacks such an arrangement because the disks (16, 17)                 
          therein are not mixer elements, but diverter plates, and the                
          mixing elements of Miyata (small chambers 15) are arranged not              
          along a longitudinal axis of the second mixer, but laterally                
          thereto, in a radial direction. We also find this argument to               
          be unpersuasive.  In the first place, given the redirection of              
          flow created by the unit bodies (14) of the disks (16, 17) as               
          seen in Figures 1 and 7 of Miyata and the creation of flow                  
          passageways (19) defined by disks (17), we view the plurality               
          of disks (16, 17) of Miyata as broadly being mixer elements                 
          “disposed along a longitudinal axis” of the second mixer.                   


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