Appeal No. 95-1641
Application No. 07/825,927
application, the examiner is advised to determine whether
Witte’s mixer has the same general shape as appellants’ mixer
or is capable of operating in the claimed manner. In other
words, the examiner must consider whether the patentability of
the subject matter of claim 18 is affected by the Witte
reference.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
18
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