Appeal No. 2001-2086
Application No. 09/012,152
In addition to the admitted prior art found in appellants'
specification, the examiner relies upon the following references
as evidence of obviousness:
Allbright 1,404,709 Jan. 24, 1922
Litz et al. (Litz) 4,919,849 Apr. 24, 1990
Stark (German '824) 4,322,824 Jan. 12, 1995
(German patent publication)
Lehmann (German '727) 4,327,727 Feb. 23, 1995
(German patent publication)
Appellants' claimed invention is directed to an apparatus
comprising conveying elements, such as propellers, vanes or
screws, in a substantially cylindrical conveying tube. The
conveying elements are disposed on a drivable axis and comprise a
wall-sweeping lip. The apparatus also comprises an additional
conveying member provided on the pressure side of the axial of
the conveyor. Claim 1 on appeal recites that "the additional
conveying member being effective only over a part of the cross-
section of the conveying tube." The apparatus finds utility in
conveying a liquid containing dispersed gas.
Appealed claims 1-3, 5-8, 10-13, 15-18 and 20-25 stand
rejected under 35 U.S.C. § 112, second paragraph. The appealed
claims also stand rejected under 35 U.S.C. § 112, first
paragraph, description requirement. In addition, all the
appealed claims stand rejected under 35 U.S.C. § 103 as being
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