Appeal No. 95-1641
Application No. 07/825,927
viscous, See Yamauchi at col. 7, 1. 60-64, and
one of ordinary skill would understand "an
effective means for mixing" in the context of
claim 15's crystallizer or "fructose solution"
to be a means suitable for mixing a viscous
fructose solution. But Witte expressly states
that their apparatus is not suitable for such
solutions. Col. 2, 1. 1-3. ("The invention . .
. is suited for solutions of low viscosity.")
We are not persuaded by appellants’ argument. We do not agree
with appellants that “Witte expressly states that their
apparatus is not suitable for [viscous] solutions.”
Appellants’ interpretation of Witte’s statement regarding
suitability of its apparatus in low viscosity solutions is not
well taken. Witte clearly states that conventional
crystallizing apparatuses useful for highly viscous solutions
were not useful for low viscosity solutions. See column 1.
Witte solves this by providing a crystallizer which will be
useful for low viscosity solutions. See column 2, lines 1-3.
Nowhere does Witte state that its crystallizer is not useful
for high viscosity solutions. Rather, we find that the tenor
of Witte would have indicated to one of ordinary skill in the
art that its crystallizer, including a mixing means therein,
would be useful for high viscosity solutions as well. Note
also that appellants have not demonstrated that the
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