Appeal No. 2004-2052
Application 09/509,147
stirring magnets (26) provided therein must be located in the
particular manner shown in Figure 4 of Landsberger, i.e., as
close as possible above an end portion of rotary magnetic bar
(18) of the stirrer, in order for the stirring magnets (26) to be
moved in a vertical direction and thereby provide vertical
agitation of the fluid within each vessel, as expressly required
by Landsberger (see col. 1, lines 54-57, col. 2, lines 39-53 and
col. 3, lines 3-13). Simply stated, the stirring machine of
Landsberger would be inoperative if modified in the manner urged
by the examiner. Thus, we will not sustain the examiner’s
rejection of claims 1, 3 through 5, 7 through 9 and 11 under
35 U.S.C. § 103(a) as being unpatentable over Landsberger in view
of Jones.
We have also reviewed the Baker reference, applied by the
examiner along with Landsberger and Jones in the rejection of
claims 6, 10 and 12 through 20 under 35 U.S.C. § 103(a).
However, we find nothing in Baker which would overcome the
serious deficiency in the combination of Landsberger and Jones as
noted above. Thus, the examiner’s rejection of claims 6, 10 and
12 through 20 under 35 U.S.C. § 103(a) based on Landsberger in
view of Jones and Baker will not be sustained.
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