Appeal No. 1998-3054
Application 08/770,888
THE REFERENCE
King et al. (King) 5,176,448 Jan. 5,
1993
THE REJECTION
Claim 10 stands rejected under 35 U.S.C. § 103 as being
unpatentable over King in view of the appellant’s admitted
prior art on pages 1-2 of the specification.
OPINION
We reverse the aforementioned rejection.
The appellant acknowledges that the King apparatus can be
used to carry out the appellant’s claimed method (brief, page
4). King states that his invention deals with a stationary
mixing apparatus and a method for using the apparatus for
mixing two or more fluids (col. 5, lines 6-8), and that “[t]he
mixer of the present invention is uniquely designed to enhance
the mixing of a low viscosity component such as a colorant or
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