Ex Parte 6394644 et al - Page 4

                 Appeal  2007-0380                                                                                  
                 Reexamination Control  90/007,199                                                                  
                 Patent 6,394,644 B1                                                                                
                       26, the central axis is shown at 16, all of which make up the saddle                         
                       element 10.                                                                                  
                    5. As to the rejection over Duke, Streiff presents separate arguments as                        
                       to claims: (a) 1, (b) 15, (c) 17,  and (d) 21.2                                              
                    6. As noted by Streiff, “claim 1 requires a saddle element to have                              
                       crossbars wherein ‘each respective crossbar is laterally connected                           
                       directly to an adjacent crossbar at respective ends thereof’”.  (Br. 14).                    
                    7. As noted by Streiff, claim 15 “is directed to a saddle element having                        
                       crossbars wherein at least two of the crossbars are arranged in                              
                       intersecting oblique planes where (1) ‘two of said oblique planes                            
                       intersect at a line disposed essentially in the transverse plane of said                     
                       first edge…’ and (2) ‘the first ends of the crossbars of said two                            
                       oblique planes being connected together near said line’.”  (Br. 16).                         
                    8. As noted by Streiff “Claim 17 is directed to a static mixer structure                        
                       that comprises two of the saddle elements of claim 15 wherein the                            
                       saddle elements are arranged with the second edge surfaces thereof                           
                       disposed in ‘mated, contacting relationship’.” (Br. 17).                                     
                    9. Streiff further notes that “Claim 21 requires a static mixer structure to                    
                       be comprised of two saddle elements which are ‘separately mounted                            
                       on a common axis’.”  (Br. 18).                                                               
                    10. Claim 21 also requires the saddle elements to be arranged with the                          
                       second edge surfaces thereof disposed in “mated, contacting                                  
                       relationship.”                                                                               
                                                                                                                    
                 2 As to the other rejected claims, Streiff argues that these claims are not                        
                 anticipated for reasons set forth as to another claim.  For example, Streiff                       
                 states that claims 2 and 5 are not anticipated for the same reasons expressed                      
                 as to claim 1.  (Br. 16).                                                                          

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