Ex parte FLEISCHLI et al. - Page 9




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


          As for appellants’ argument that claim 17 on appeal                         
          requires the second mixer to have a plurality of static mixer               
          elements “disposed along a longitudinal axis thereof,” and                  
          that the second mixer in Miyata lacks such an arrangement                   
          because the disks (16, 17) therein are not mixer elements, but              
          diverter plates, and the mixing elements of Miyata (small                   
          chambers 15) are arranged not along a longitudinal axis of the              
          second mixer, but laterally thereto, in a radial direction, we              
          also find this argument to be unpersuasive.  In the first                   
          place, given the redirection of flow created by the unit                    
          bodies (14) of the disks (16, 17) as seen in Figures 1 and 7                
          of Miyata and the creation of flow passageways (19) defined by              
          disks (17), we view the plurality of disks (16, 17) of Miyata               
          as broadly being mixer elements “disposed along a longitudinal              
          axis” of the second mixer.  Moreover, even if only the small                
          chambers (15) are viewed as the mixer elements in Miyata, we                
          note that sets of the small chambers (15) associated with each              
          pairing of disks (16, 17) can be viewed as being “mixer                     
          elements” and that a plurality of such mixer elements are                   
          “disposed along a longitudinal axis” of the second mixer (1b),              


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