Ex parte ALDRIDGE - Page 10




          Appeal No. 96-3615                                                          
          Application 08/237,567                                                      


          U.S.C. § 103.  We add that this reversal is not based on the                
          merits of the examiner’s rejections.  We take no position as                
          to the pertinence of the applied prior art to the specifics of              
          these claims.                                                               
               Independent claim 23 requires, inter alia, a brace                     
          attached to the support for the container and a means for                   
          detecting rotational position attached to said brace.                       
          Independent claim 29 contains similar language.  This feature               
          is not disclosed or suggested by the combined teachings of                  
          Alonso and Fan, or the combined teachings of Alonso and                     
          Fischer.  It follows that we cannot sustain the standing § 103              
          rejections of these claims, or claim 30 which depends from                  
          claim 29, based on Alonso and either Fan or Fischer.                        
               Claim 24 is directed to an apparatus comprising a V-                   
          blender having an aperture, an arbor having a tunnel                        
          therethrough sealing said aperture, means for rotating the V-               
          blender about said arbor, and detection means including a                   
          spectroscopic means for detecting on-line the homogeneity of                
          the mixture in the V-blender.  The detection means includes                 
          means for conducting radiation to and from the mixture, with                
          said means for conducting being removably inserted in the                   
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