Ex parte HERR et al. - Page 2




          Appeal No. 97-3199                                                          
          Application No. 08/273,767                                                  


          Judges.                                                                     
          COHEN, Administrative Patent Judge.                                         

                                 DECISION ON APPEAL                                   
               This is an appeal from the final rejection of claims 1                 
          through 4, 6 and 8.  Claims 5, 7, and 9 through 11 are                      
          objected to by the examiner as being dependent upon a rejected              
          base claim, but would be allowable according to the examiner                
          if rewritten in independent form including all of the                       
          limitations                                                                 
          of the base claim and any intervening claims. These claims                  
          constitute all of the claims in the application.                            
               Appellants’ invention pertains to a combined mixing and                
          deflection unit.  An understanding of the invention can be                  
          derived from a reading of exemplary claim 1, a copy of which                
          appears in the appendix to the main brief (Paper No. 14).                   
               As evidence of obviousness, the examiner has applied                   
          the documents listed below:                                                 
          Gilles et al. (Gilles)   3,831,350                Aug. 27, 1974             
          Knief                    4,786,185                Nov. 22, 1988             
               The following rejections are before us for review.                     
               Claims 2 and 3 stand rejected under 35 U.S.C. § 112,                   
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