Appeal No. 98-2420
Application No. 08/573,854
suggestion of an operating pressure for the mixing chamber
(52) as low as 35 pounds per square inch or anywhere near the
claimed range of between 2 and 4.5 bar.
As a further point, we also agree with appellants that
Merrigan fails to teach or suggest "a transport mechanism for
transporting abrasive particles from the hopper into the
mixing chamber at a rate that is substantially not dependent
upon the value P," as set forth in claim 3 on appeal. See,
particularly, appellants’ argument bridging pages 4 and 5 of
the reply brief.
For the foregoing reasons, the decision of the examiner
rejecting claims 1 through 5 under 35 U.S.C. § 103 based on
Merrigan is reversed.
REVERSED
IRWIN CHARLES COHEN )
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