Ex parte NURMI et al. - Page 16




          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                          
                                          16                                           





Page:  Previous  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  Next 

Last modified: November 3, 2007