Ex Parte 6394644 et al - Page 2

                 Appeal  2007-0380                                                                                  
                 Reexamination Control  90/007,199                                                                  
                 Patent 6,394,644 B1                                                                                
                       Claims 1, 2, 5, 15-23, and 28 are rejected under 35 U.S.C. §102(b) as                        
                 being anticipated by Duke, CZ 1707U (Duke).                                                        
                       Claims 1, 2, 5, 23 and 25-28 are rejected under 35 U.S.C. § 102(b) as                        
                 being anticipated by Signer, US Patent 5,564,827 (Signer).                                         
                       Claim 23 is rejected for failing to meet the written description                             
                 requirement of 35 U.S.C. § 112, ¶1.                                                                
                       We affirm the decision of the Examiner to reject claims 1, 2, 5, 15-23,                      
                 and 28 over Duke, but reverse the decision of the Examiner as to the other                         
                 two rejections.                                                                                    
                 II. Findings of fact                                                                               
                       The record supports the following findings of fact, as well as any                           
                 other findings of fact set forth in this Decision, by a preponderance of the                       
                 evidence.                                                                                          
                    1. The invention is directed to a saddle element for a static mixer.                            
                    2. Claim 1, set forth below, is illustrative:                                                   
                       A saddle element for a static mixer comprising:                                              
                              a generally ring-shaped support structure having a central axis,                      
                           concentric inner and outer, radially spaced, circumferentially                           
                           extending surfaces, and first and second axially spaced, generally                       
                           parallel edge surfaces, said inner surface defining a fluid flow path                    
                           which extends along said axis,                                                           
                              said edge surfaces being located in respective generally parallel                     
                           transverse planes which are essentially perpendicular relative to                        
                           said axis; and                                                                           
                              a mixing structure located in said flow path between said edge                        
                           surfaces, said mixing structure including a plurality of crossbars                       
                           located in said flow path, each of said crossbars having a first end                     
                           which is closer to the transverse plane of said first edge than to the                   

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