Ex parte NISKANEN et al. - Page 4




             Appeal No. 1997-1598                                                                                 
             Application 08/456,699                                                                               


             figure 7 of EP ‘387 extends to a point immediately adjacent                                          
             impeller 105, the teaching in EP ‘387 that “the gas bubble                                           
             created in front or upstream of the impeller is continuously                                         
             removed” (col. 11, lines 12-14) indicates that the gas                                               
             separation must start in a spiral flow path created by the                                           
             spiral strip (answer, pages 6-7).  Also, the examiner argues                                         
             that some rotational movement of the suspension must take                                            
             place due to frictional forces between the rotating spiral                                           
             strip and the pulp suspension, and states that he finds it                                           
             difficult to believe that such friction does not cause gas                                           
             separation (answer, pages 8-9).                                                                      
                    Appellants rely upon a declaration of Kaj Olof Henricson                                      
             (attachment to paper no. 10, filed July 5, 1996), one of the                                         
             EP ‘387 inventors, wherein it is stated (paragraphs 3 and 4)                                         
             that spiral strip 100, which has a relatively large clearance                                        
             with housing inlet 102, creates a high pressure and pushes the                                       
             pulp toward impeller 105 without causing significant spiral                                          
             movement of the pulp or causing gas separation from the pulp.                                        
             Henricson states that it is the high rotational speed of                                             
             impeller 105 which causes the gas separation (see id.).                                              
                    Appellants’ claim 27, which is the sole independent                                           
                                                      -4-4                                                        





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