Appeal No. 96-3615
Application 08/237,567
detect on-line the homogeneity of a mixture, as called for [9]
in the function portion of the means-plus-function limitation
of paragraph (b) of claim 24. Also, it is not seen where the
combined teachings of Alonso and either Fan or Fischer teach
an arbor with a tunnel sealing the aperture of the blender,
with the conduction means being removably inserted in the
tunnel of the arbor, as now claimed. In this regard, we note
that the corresponding aperture in the right hand side of the
barrel of Alonso is neither disclosed as being sealed, nor
required to be sealed since the level of the powder mixture in
the barrel is below the level of the aperture.
In light of the foregoing, the standing § 103 rejections
of claim 24, and claim 17 which depends therefrom, are not
sustainable.
The § 103 Rejection based on Westhof and Alonso
(rejection (e))
Westhof pertains to an apparatus for monitoring the
progress of mixing concrete by a TV camera. The ingredients
9 “[H]omogeneity of a pharmaceutical composition refer[s]
to the distribution of the active drug in the pharmaceutical
composition” (specification of the present application, page
1; emphasis added).
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