Appeal No. 98-2420
Application No. 08/573,854
time of appellants’ invention to make the high pressure air
inlet (62) to the mixing chamber (52) therein with a smallest
diameter d and the blast pipe outlet (64) of the mixing
1
chamber with a smallest diameter d , wherein the ratio of d /d2 1 2
is between 0.6 and 0.9, as required in each of the independent
claims on appeal. The examiner’s position (answer, page 4),
that the disclosure in Merrigan of a ratio of "approximately
one-half" (col. 2, lines 22-25) is "sufficiently broad to
encompass at least the lower range of 0.6," is without merit.
In this regard, we agree with appellants’ arguments as set
forth in the brief and on pages 2 and 3 of the reply brief.
With respect to the requirement in independent claims 1
and 3 that the system operate at an absolute pressure P of
between 2 and 4.5 bar, we share appellants’ view as expressed
on pages 3 and 4 of the reply brief. While Merrigan may
suggest a pressure range of 35 to 120 pounds per square inch
for the operating pressure of the vibrator housing (32), there
is no suggestion in Merrigan that the operating pressure in
the mixing chamber (52) would be anything other than the
conventional 7 to 8 bar, and certainly no teaching or
6
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007