Ex parte CLAES INGE, et al. - Page 5




          Appeal No. 95-1849                                                          
          Application 07/681,527                                                      


               direction of the rotor opposite the rotational                         
               direction of the  rotor (lines 10 through 13).                         
          The final step is removing the liquid freed from the dispersed              
          substance.                                                                  
               In the examiner's opinion, Bechtolsheim teaches all of the             
          subject matter of the claims except for the liquid having a                 
          component of movement that is opposite the direction of rotation            
          of the rotor.  However, it is the examiner's belief that this               
          would occur naturally in such a machine "due to the laws of                 
          nature," as confirmed by Berber (Answer, page 4).  The appellants           
          argue that Berber teaches away from their invention on                      
          this point, because in the only mention of a construction wherein           
          the spacers are of a height equal to that of the space between              
          the two discs, that is, bridge the space, the resulting flow of             
          liquid is said to be along the generatrix of the cone, which is             
          not what is required by the appellants' claims (column 3, lines 6           
          through 11).                                                                
               It is the examiner’s further position that the manner in               
          which the appellants have claimed the spacing means does not                
          define over the spacing means disclosed by Berber in Figures 4              
          and 5.  The appellants point out that the claimed spacing means             
          are recited as being "positioned between and bridging the spaces            
          between the separation disc," which means that they extend from             
                                          5                                           





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