Ex parte FLEISCHLI et al. - Page 16




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


          same basis.  In this regard, with respect to claims 4 through               
          13 and 23, we are of the opinion that in light of the                       
          collective teachings of Miyata and Fredriksson it would have                
          been obvious to one of ordinary skill in the art to replace                 
          the first mixer (1a) of Miyata with the mixer (13) of                       
          Fredriksson so as to achieve the intimate mixing and high                   
          degree of uniformity in the mixture discussed in Fredriksson                
          (e.g., col. 2, lines 18-37 and col. 4, line 45, et seq.),                   
          thereby achieving the desired active premixing discussed in                 
          Miyata (translation, page 4) prior to the discharge of the                  
          pre-mixed fluids into the main mixer (1b) thereof.  In our                  
          opinion, the person of ordinary skill in the art would have                 
          retained the relative cross-sectional flow areas taught by                  
          Miyata by having the mixer from Fredriksson sized to be no                  
          larger in cross-section than the mixer (1a) of Miyata.                      


          Contrary to appellants’ position, we view the first                         
          module (21) of Fredriksson (Fig. 2) as being “a plate                       
          transverse to the flow of the first medium and having at least              
          one convergent orifice [24] therein for passage of a first                  


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