Appeal No. 2000-1653
Application No. 08/906,586
In light of the foregoing, the standing § 103 rejection
of claim 1, as well as claims 2-8 that depend therefrom,
cannot be sustained.
Remand to the Examiner
Pursuant to 37 CFR § 1.196(a), this case is remanded to
the examiner for consideration of the following matters.
A review of appellant’s disclosure indicates that carrier
fluid and size components are “combined” and “mixed together”
within the first mixing stage device 20 to ensure “good
mixing” (page 5, lines 1-10). The second stage hydrolyzer 40
may additionally be provided with conventional mixing elements
“to increase mixing” of the components “blended” in the first
stage (page 5, lines 11-16). A second mixing device, or third
stage, 60 may also be provided downstream of the second stage
hydrolyzer “to provide additional blending” of the components
(page 5, 20-23). Additional descriptions of the “mixing” and
“blending” functions of the first, second, and third stages
are found on pages 6-9 of the specification.
The test for determining compliance with the written
description requirement found in the first paragraph of 35
U.S.C. § 112, first paragraph, is whether the disclosure of
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