Ex parte KING - Page 2




          Appeal No. 96-2501                                                          
          Application 08/177,243                                                      




                                 DECISION ON APPEAL                                   
                    This is a decision on appeal from the examiner's final            
          rejection of claims 2 through 7, which are all of the claims                
          remaining in this application.  Claim 1 has been canceled.                  


                    Appellant's invention relates to a stationary material            
          mixing apparatus (i.e., a static mixer) as seen in Figures 7                
          through 9 of the application drawings.  As indicated on page 7              
          of the specification, the appellant's mixing apparatus comprises            
          a conduit (31) in the form of a cylinder having a longitudinal              
          axis (37).  Within the cylinder there are provided a plurality              
          of mixing elements (33-36).  As appellant further points out on             
          page 7 of the specification,                                                
                    [t]hese elements are characterized as having                      
                    no edges or surfaces perpendicular to longi-                      
                    tudinal axis 37 and are sized so that no such                     
                    elements are in contact with one another                          
                    resulting in an open region of travel 96 for                      
                    fluids passing through conduit 31 along its                       
                    longitudinal axis ideally, each mixing ele-                       
                    ment is seated within the conduit at an angle                     
                    between approximately 30E to 45E to said                          
                    longitudinal axis.  Most importantly,                             
                    however, the mixing elements are positioned                       
                    within the conduit so that at least 75% of                        
                    the conduit circumference in any plane is                         
                    free of any mixing element.  Obviously,                           

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