Ex parte HERR et al. - Page 10




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


          “configuration” having openings therein being evenly                        
          distributed over the guide “configuration”. Based upon                      
          appellants’ underlying disclosure, the broadly claimed guide                
          “configuration” is readable upon a guide “configuration”, such              
          as shown in appellants’ Figure 2, wherein “openings” in the                 
          “configuration” are spaces about the trapezoidal guide vanes                
          16a to 16e and the support pipes 18.                                        
               With the above claim analysis in mind, it is at once                   
          apparent to this panel of the board that the combined mixing                
          and deflecting unit of claim 1 is addressed by the Gilles                   
          document (Figure 3). The Gilles reference reveals, in                       
          particular, a guide “configuration”, as broadly characterized               
          in claim 1, in the form of slat 10a, for example, which                     
          provides openings therein, i.e., the spaces about the tongues               
          11 permitting the passage of fluid.                                         
               The argument advanced by appellants (main brief, pages 13              
          and 14) is not persuasive.  We are in basic agreement with the              
          views expressed by the examiner in the answer (page 11)                     
          regarding the Gilles patent. We would only add that, contrary               
          to the view set forth in the main brief (page 14), the                      
          characterized “voids” between the respective tabs of Gilles                 
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