Appeal No. 1998-0023
Application 08/470,374
24 under 35 U.S.C. § 103.
As argued by appellants on pages 21-23 of their brief,
dependent claims 25 and 26, as well as independent claims 22
and 28, directly or indirectly require that the cross-
sectional flow area through the second mixer be substantially
constant over the length of the mixer. Appellants urge 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 we will not
sustain the examiner’s rejection of claims 22, 25, 26 and 28
on appeal under 35 U.S.C. § 103. It follows that the
examiner’s rejection of claims 29 and 30, which depend from
independent claim 28, will also not be sustained.
The last of the claims rejected by the examiner under
35 U.S.C. § 103 based on Miyata and Gillner is independent
claim 27. Appellants’ arguments set forth on page 23 of their
brief have convinced us that the examiner’s combination of
Miyata and Gillner would not result in the claimed subject
12
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