Ex parte FLEISCHLI et al. - Page 8




          Appeal No. 1998-0023                                                        
          Application 08/470,374                                                      


          “disposed along a longitudinal axis” of the mixer.                          


          Looking at Figure 7 of Miyata, we observe 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) of Miyata                
          is “greater than the cross-sectional flow area of the first                 
          mixer,” as broadly set forth in claim 17 on appeal.  We note                
          in this regard, that claim 17 does not specify any particular               
          location where the cross-sectional flow area of the second                  
          mixer is greater than the cross-sectional flow area of the                  
          first mixer, or that the cross-sectional flow area of the                   
          second mixer is greater than the cross-sectional flow area of               
          the first mixer along its entire length.                                    


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