Ex parte SWON et al. - Page 7




          Appeal No. 97-1884                                                          
          Application 08/051,377                                                      



          caused by wobble or changes in verticality of the stirring                  
          shaft 3.                                                                    
               The examiner acknowledges (Answer, page 5) that “Pollard               
          lacks teaching of providing means to measure the revolutions                
          per unit time of the stirring shaft teaching instead that the               
          stirring shaft is rotated at a constant angular velocity (eg.               
          see column 6[,] lines 19-21).”                                              
               In summary, the 35 U.S.C. § 102(b) rejection of claims 1               
          through 3 and 20 is reversed because Pollard does not measure               
          wobble, verticality or rate of revolutions.                                 
                                      DECISION                                        
               The decision of the examiner rejecting claims 1 through 3              
          and 20 under 35 U.S.C. § 102(b) is reversed.                                
                                      REVERSED                                        


                    KENNETH W. HAIRSTON          )                                    
                    Administrative Patent Judge  )                                    
                                                  )                                   
                                                  )                                   
                                                  )   BOARD OF PATENT                 
                    ERROL A. KRASS               )     APPEALS AND                    
                    Administrative Patent Judge  )    INTERFERENCES                   
                                                  )                                   
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                                                  )                                   
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