Ex parte FLEISCHLI et al. - Page 7




          Appeal No. 1998-0023                                                        
          Application 08/470,374                                                      


          Next, we turn to the prior art rejection of claims 17                       
          through 20 under 35 U.S.C. § 103 as being unpatentable over                 
          Miyata in view of Fredriksson and Gillner.  The findings of                 
          the examiner regarding the applied references and his                       
          statements regarding the combination of those references is                 
          set forth on pages 3 and 4 of the answer.  Appellants have not              
          specifically disputed the examiner’s combination of the                     
          applied references, but have instead focused on the perceived               
          deficiencies of Miyata alone in relation to the claimed                     
          subject matter.                                                             


          As to independent claim 17 on appeal, appellants urge                       
          (brief, pages 9-19) that Miyata does not disclose or teach a                
          method of admixing two flowable media wherein the static mixer              
          used for such mixing is one which includes first and second                 
          mixers sized and designed so that the cross-sectional flow                  
          area of the second mixer is greater than the cross-sectional                
          flow area of the first mixer.  In addition, appellants argue                
          that the static mixer apparatus of Miyata does not have static              
          mixer elements along which the media must flow which are                    


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