Appeal No. 96-3615
Application 08/237,567
filed subsequent to the final rejection. Claims 1-3, 9-12, 2
16 and 18-22 have been canceled. No other claims are
currently pending.
Appellant’s invention pertains to an apparatus and method
for mixing compositions of matter and detecting the
homogeneity thereof “on-line.” Independent claims 31 and 25, 3
copies of which appear in the appendix to appellant’s brief,
are representative of the claimed apparatus and method,
respectively.
The references of record relied upon by the examiner in
support of rejections under 35 U.S.C. § 102(b) and 35 U.S.C.
§ 103 are:
Fischer 2,514,126 Jul. 4, 1950
Westhof et al. (Westhof) 4 3,337,403 May 2, 1985
2In the final rejection (Paper No. 8, mailed May 17,
1995), the examiner inadvertently included claim 12 as a
rejected claim despite claim 12 having been canceled by a
prior amendment (Paper No. 7, submitted February 6, 1995).
3“The term on-line means that the blender does not have
to be turned off in order to take the measurements to
determine homogeneity and potency.” Specification, page 2.
4Our understanding of this German language document is
derived from a translation prepared on behalf of the Patent
and Trademark Office. A copy of said translation is attached
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