Appeal No. 1998-0023
Application 08/470,374
Claims 21 through 30 stand rejected under 35 U.S.C. § 103
as being unpatentable over Miyata in view of Gillner.
Claims 17 through 30 stand rejected under 35 U.S.C. 112,
first paragraph, as being directed to a specification which,
as originally filed, does not support the invention as now
claimed. More particularly, the examiner urges (answer, page
5) that claims 17 and 21 recite “...cross-sectional flow area
of the... mixer is taken generally perpendicular to the
direction of flow through the... mixer...,” without support in
the specification.2
Rather than reiterate the examiner's statement of each of
the above-noted rejections and the conflicting viewpoints
advanced by the examiner and appellants regarding those
2 This is a new ground of rejection added in the
examiner’s answer. While the examiner has apparently based
this rejection on the “make and use” provision of 35 U.S.C. §
112, first paragraph, it is apparent to us from the
explanation of the rejection that it is instead based on lack
of written description, and we will so treat the rejection for
purposes of this appeal.
3
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