Appeal No. 2004-1983 Page 8
Application No. 10/016,903
ultrasonic emulsifier. Kakoki, page 4, lines 37-42. On this record, there is no evidence
that the use of a homomixer as taught by Kakoki is outside the scope of the claimed
invention.
Therefore, I disagree with the majority’s findings (supra, page 4), that (1) “Kakoki
teaches away from methods that do not include mixing using high shear forces…”; and
(2) Kakoki “would not have suggested the instantly claimed process to those of ordinary
skill in the art.” In my opinion, the evidence of record does not support these findings.
Accordingly, I would deny appellants’ Request for Rehearing.
) BOARD OF PATENT
)
Donald E. Adams ) APPEALS AND
Administrative Patent Judge )
) INTERFERENCES
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