Appeal No. 1996-0584
Application No. 07/658,878
However, the claimed invention requires supplying the disperse phase component and the continuous
phase component from their respective vessels into a uniform shear force generating field of a disperser
simultaneously and continuously through associated independent passageways.
Vanzo’s Examples I and II disclose pouring a disperse phase component (i.e., styrene
monomer containing lauroyl peroxide polymerization initiator) along with a continuous phase component
(i.e., water containing a polyvinyl alcohol stabilizer) into a blender jar equipped with a rotor-stator
mixing head and then stirring. In other words, the shear force field is not generated until after the
disperse phase and continuous phase components are mixed. Thus, Vanzo does not teach or suggest
that the two phase components do not mix until they are in the shear force generating field, as argued by
appellants (brief, page 9).
Secondly, while Vanzo discloses a rotor 31 in “close tolerance” with the stator 22 (col. 6, lines
30-32), the clearance between the edges of the three rotor blades 34 and the stator 22 is not the same
as the clearance between the curved inner aspect of the rotor and the stator 22 as shown in Fig. 1.
Thus, as argued by appellants (brief, pages 9-10), Vanzo does not disclose or suggest producing a
shear force generating field which is uniform because Vanzo does not disclose or suggest the specific
shape of the claimed disperser.
Therefore, we conclude that the examiner has not established a prima facie case of
obviousness as to claims 1 and 29 which both require supplying the disperse phase component and the
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