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 16Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 NextLast modified: November 3, 2007