Ex parte FLEISCHLI et al. - Page 8




          Appeal No. 1997-0863                                                        
          Application 08/456,001                                                      


          claim defines a static laminar mixing device wherein the                    
          device includes, inter alia, a first mixer having “a                        
          predetermined cross-sectional flow area” and a second mixer                 
          “having a cross-sectional flow area that is greater than said               
          cross-sectional flow area of said first mixer.”  While                      
          appellants urge that this relationship is not taught or                     
          disclosed in Miyata (brief, pages 9-17), we do not agree.                   
          Looking at Figure 7 of Miyata, we note that the cross-                      
          sectional flow area of the first mixer (1a) is generally equal              
          to the cross-sectional area of the interior flow channel of                 
          that mixer minus the cross-sectional area of the shaft body                 
          (10).  By comparison, the cross-sectional flow area of the                  
          second mixer (1b), at least at the inlet opening (6) and                    
          outlet (7), appears to be equal to the cross-sectional area of              
          the interior flow channel of the mixer (1a).  Thus, at the                  
          inlet opening (6) and outlet (7) of the second mixer, the                   
          cross-sectional flow area of the second mixer (1b) is “greater              
          than said cross-sectional flow area of said first mixer.”  We               
          note in this regard, that claim 1 does not specify any                      
          particular location where the cross-sectional flow area of the              


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