Ex parte KING - Page 11




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



          on appeal.  Both of these references include numerous "crotches"            
          where fibrous material, etc. can gather and hang-up and encourage           
          clogging or plugging of the mixer when fibers, clumps and par-              
          ticulates are contained within the fluids to be mixed, and both             
          of these references have structures which obstruct the area along           
          the longitudinal axis of the mixing conduits therein.  Thus, both           
          of these references have mixing elements which are "in contact"             
          as that terminology would be understood from appellant's                    
          disclosure, and also fail to define "an open region of travel for           
          fluids passing through said conduit along its longitudinal axis"            
          (emphasis added), as recited in independent claim 7 on appeal.              
          Accordingly, the examiner's rejection of claims 2, 3, 6 and 7               
          under 35 U.S.C. § 102(b) as being anticipated by Doom and that of           
          claims 2, 6 and 7 as being anticipated by Kao must be reversed.             


                    Next for our consideration are the examiner's                     
          rejections of claims 2, 3, 4, 6 and 7 under 35 U.S.C. § 102(b)              
          based on Schulz and of claim 5 under 35 U.S.C. § 103 based on               
          Schulz.                                                                     





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