Appeal No. 1996-2015
Application No. 08/181,539
to produce the shear force field ( page 2, line 120 - page 3, line 3; page 3, lines 14-22). Rotor
variations are illustrated in Figs. 1-8.
Eppenbach ‘288 describes a mill mixer comprising rotating smooth (for emulsifying) or
nonsmooth (for grinding) working surfaces 49, 50, preferably rings or annuli, which are removably
positioned on two rotors 15, 16. The space between the working surfaces is adjustable between about
0.05 to 0.51 mm. Inflow feeds through inlet 44 into region 45 before entering the space between the
grinding surfaces. (Page 1, lines 4-7; page 2, lines 95-109; page 3, lines 28-32, 77-82; page 4, lines
16-31, 91-96.) Eppenbach ‘178 describes a similar mill mixer with grinding disks 19, 22 minutely
spaced apart and positioned on two rotors 17, 20 with inlet 44 for feeding a mixture to be treated.
The grinding disks are provided with depressions which serve as shearing means. The mixture to be
treated is fed either from a region peripherally exterior to the grinding disks or into the interior of the
grinding disks (Page 1, lines 8-28, 76-39; page 2, lines 20-40.)
1. Rejection over Lee in view of China in view of Eppenbach ‘178
According to the examiner, the skilled artisan would have been motivated both to use China’s
mixer in Lee’s apparatus because China’s mixer is not only used for the same purpose of providing a
suspension but also provides a mixer with increased efficiency and to substitute irregular working
surfaces for the smooth working surfaces of China to increase the shear force produced, thereby
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