Ex parte FLEISCHLI et al. - Page 12




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


          the second mixer has a substantially constant cross-sectional               
          flow area over its length which is greater than the cross-                  
          sectional flow area of the first mixer.  Appellants urge on                 
          pages 7 and 8 of their reply brief that Miyata does not                     
          disclose, teach or suggest a second mixer with the required                 
          constant cross-sectional flow area over the length of the                   
          mixer.  We agree, and for that reason will not sustain the                  
          examiner’s rejection of claims 25 and 29 under 35 U.S.C. §                  
          102(b) as being anticipated by Miyata.                                      


          The last of the claims rejected by the examiner under                       
          35 U.S.C. § 102(b) as being anticipated by Miyata are claims                
          26 through 28 and 31.  Independent claim 26 defines a static                
          laminar mixing device comprising a first mixer defined by an                
          elongated first tubular conduit that includes a plurality of                
          static mixer elements serially arranged along a longitudinal                
          axis thereof, the first tubular conduit has a given cross-                  
          section defining a cross-sectional flow area therethrough, and              
          the static mixer elements of the first mixer are specifically               
          set forth as “extending across the entire cross-sectional flow              


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