Ex parte PHILIPS et al. - Page 10




          Appeal No. 1998-1736                                                        
          Application 08/282,847                                                      


          an angle” to the fluid flowing through conduit 10b, but rather              
          would be parallel to such flow.  While claim 1 does not recite              
          any specific angle, as the examiner notes, we do not consider               
          that it would be reasonable to interpret “at an angle” so                   
          broadly as to include an angle of zero.  In the Zenner                      
          apparatus, it appears that the components of the mixture                    
          introduced into horn 11 would, in passing from inlet 10 to the              
          outlets 18 and 19, flow past the node and antinode planes at                
          an angle thereto.  However, we find no mention of such angular              
          flow in Zenner, let alone any teaching or suggestion that it                
          is necessary or desirable to orient the node and antinode                   
          planes of the standing waves at an angle to the fluid flow.                 
          Thus, Zenner would have provided no motivation for one of                   
          ordinary skill to orient the transducers and reflector of the               
          modified Snaper apparatus so that the planar node and antinode              
          regions of the standing waves would be at an angle to the flow              
          of fluid through conduit 10b.                                               
               The apparatus recited in claims 1 therefore would not                  
          have been obvious over Snaper in view of Zenner, and we will                
          not sustain rejection (2) as to that claim, or as to dependent              


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