Ex parte FLEISCHLI et al. - Page 11




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


          (See Paper No. 32).  As a result of their grouping with claim               
          1, we                                                                       




          view claims 2, 3 and 22 as falling with independent claim 1                 
          and will therefore also sustain the examiner’s rejection of                 
          claims 2, 3 and 22 under 35 U.S.C. § 102(b) as being                        
          anticipated by Miyata.                                                      


          Claim 30 adds the further limitation to claim 1 that the                    
          cross-sectional flow area of the second mixer is greater than               
          the                                                                         
          cross-sectional flow area of the first mixer “over the entire               
          length of the second mixer.”  Since we do not find any such                 
          disclosure or teaching in Miyata, we will reverse the                       
          examiner’s rejection of this claim under 35 U.S.C. § 102(b) as              
          being anticipated by Miyata.                                                


          Independent claims 25 and 29 are similar to claim 30 in                     
          that they each set forth, in slightly different language, that              


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