Ex parte NISKANEN et al. - Page 5




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


             claim, requires a path defining means in the inlet channel for                                       
             effecting spiral rotational movement of the liquid or                                                
             suspension in the inlet channel so that gas starts to separate                                       
             from the liquid or suspension within the spiral path.  The                                           
             point in the spiral path at which the gas separation begins                                          
             can be at the very end of the path.  Furthermore, the claim is                                       
             open to the spiral movement and initiation of the gas                                                
             separation being caused by the combined                                                              




             action of the path defining means and rotation of the blades                                         
             on the flange, provided that the initial gas separation takes                                        
             place in the spiral path.                                                                            
                    The examiner, however, has provided no evidence or                                            
             technical reasoning which establishes that the EP ‘387 spiral                                        
             strip 100 and impeller 105 are sufficiently close that, at the                                       
             conditions under which the apparatus is capable of operating,                                        
             the impeller and spiral strip can cause spiral flow and can                                          
             cause gas separation in some portion of the spiral flow                                              
             region.  Although the impeller is disclosed as being                                                 
             immediately downstream of the spiral strip (col. 10, lines 41-                                       
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