Ex Parte Huglin et al - Page 4

                Appeal No. 2004-1983                                                                  Page 4                                   
                Application No. 10/016,903                                                                                                     
                Kakoki teaches away from methods that do not include mixing using high shear forces                                            
                (i.e., using a homomixer or even stronger treatments).  Therefore, we agree that the                                           
                cited reference would not have suggested the instantly claimed process to those of                                             
                ordinary skill in the art.                                                                                                     
                         Appellants’ request for rehearing is granted.  The rejection under 35 U.S.C. § 103                                    
                is reversed.                                                                                                                   


                                                       REHEARING GRANTED                                                                       




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                                                  Toni R. Scheiner                  )                                                          
                                                  Administrative Patent Judge               ) BOARD OF PATENT                                  
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