Appeal No. 2000-1653
Application No. 08/906,586
apparatus [18] provides a means to help pull or elongate
these balls of polymer to reduce their number and to also
help continue the mixing of the polymer threads and the
solvent. [Col. 4, lines 6-28, emphasis added.]
In that Johnston’s first stage apparatus 2 may not be
totally efficient in forming fine threads of polymer, such
that polymer in the form of small balls also may be present in
the flow of fine threads and solvent that exits the first
stage apparatus, the examiner’s determination that Johnston’s
first stage apparatus 2 includes means that correspond to the
claimed means for “uniformly mixing” material is not well
taken, especially when the word “uniformly” is given its
ordinary and accustomed meaning, as must be done here in the
absence of any indication in appellant’s specification that
the term “uniformly” is being used in a more limited or
different sense. Simply put, there is no evidence to support
the examiner’s contention that Johnston’s first stage
apparatus includes means which meet this claim limitation.
Hence, even if the Johnston apparatus is modified in the
manner proposed by the examiner, the claimed subject matter
would not result. Accordingly, the examiner’s
§ 103 rejection of the claim 1 is not well taken.
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