Ex Parte KRONER et al - Page 7




          Appeal No. 2002-0865                                                         
          Application No. 08/940,996                                                   


          presently claimed low-shear pump and heat exchanger having an                
          essentially laminar flow profile in the recirculation loop of                
          Fan.  Furthermore, it should be established on this record                   
          whether the admittedly known breakdown of an emulsion under the              
          influence of high shear fields, particularly at elevated                     
          temperatures, was known to apply to both oil-in-water emulsions              
          and water-in-oil emulsions.  These inquiries and findings may                
          lead to the conclusion that processes within the scope of the                
          appealed claims would have been obvious to one of ordinary skill             
          in the art in view of the state of the admitted prior art and                
          Fan.                                                                         
               In conclusion, based on the foregoing, the examiner's                   
          decision rejecting the appealed claims is reversed.  Also, the               
          application is remanded to the examiner for the reasons set forth            
          above.                                                                       
               This application, by virtue of its "special" status,                    
          requires immediate action by the examiner.  See the Manual of                
          Patent Examining Procedure, § 708.01(D) (8th ed., Aug. 2001).  It            







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