Appeal No. 96-3796
Application 08/195,397
(a) Claim 11
Appellant argues, inter alia, that Hickey '144 does not disclose, and Weisenbarger would not
have rendered obvious, the recited "adjustable means in said agitator line for shearing excess amounts
of said material ..." The examiner states in his answer that this limitation is met by a valve, such as
shown in Fig. 8 of Hickey '144.
We do not agree with the examiner. While Hickey '144 discloses various shearing means in the
agitator line 29, such as static mixer 30A and sinuous path 29A, none of them is disclosed as
adjustable. As for the valve (31) of Fig. 8, to which the examiner refers, Hickey '144 does not disclose
that it is adjustable or performs a shearing function, unlike the throttle valve 94 disclosed by appellant.
The only apparently adjustable shearing means in the agitator line 29 disclosed by Hickey '144 might be
pump 30, but the "adjustable means" recited in claim 11 is not readable thereon because the claim also
recites a pumping means in the agitator line.
The rejection of claim 11 will therefore not be sustained.
(b) Claim 15
This claim requires that the agitator line, pumping means and flow constricting means be 4
contained "within said separator column." Hickey '144 does not disclose that line 29, pump 30 and
flow constrictor 29A or 30A are located in the separator column 17, and we find no disclosure in
4We note that "said flow constricting means" in lines 20 and 21 has no antecedent basis. This
informality should be corrected in subsequent prosecution.
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