Ex Parte Schauerte - Page 2



               Appeal 2007-1002                                                                       
               Application 10/257,830                                                                 

               19. Static bentonite-water suspension mixer element having a housing                   
               with oblique surfaces of the housing which taper in the manner of a funnel             
               with a nozzle which is directed at a stationary deflection surface arranged at         
               an angle of 70 to 110° with respect to the flow direction of the media and at          
               least one passage between the deflection surface and the housing.                      
                    The Examiner relies upon the following references in the rejection of             
               the appealed claims:                                                                   
               Frischknecht (CH ‘064) CH    182,064 Jan. 31, 1936                                     
               Kalthoff  (DE ‘926) DE    687,926 Jan. 18, 1940                                        
               Tsien  US 4,087,862 May  2, 1978                                                       
               Yao  US 4,124,309 Nov.  7, 1978                                                        
               Farrar  US 6,305,835 B1 Oct. 23, 2001                                                  
               Schauerte  (EP ‘235) EP 0,994,235 Sep. 12, 2002                                        
                    Appellant’s claimed invention is directed to a static mixer for                   
               producing a bentonite-water suspension.  The mixer has a housing with a                
               stationary deflection surface at an angle of 70 to 110° with respect to the            
               flow direction (claim 1), and at least one passage between the deflection              
               surface and the housing (claim 19).                                                    
                    Appealed claims 1-3, 6-8, 12, 15, and 16 stand rejected under                     
               35 U.S.C. § 102(e) as being anticipated by Farrar.  Claims 19, 20, and 21              
               stand rejected under 35 U.S.C. § 102(b) as being anticipated by Yao.  Claims           
               19, 20, and 21 stand rejected under 35 U.S.C. § 102(b) as being anticipated            
               by DE ‘926.  Also, claims 19, 20, 21, and 23 stand rejected under 35 U.S.C.            
               § 102(b) as being anticipated by CH ‘064.  In addition, the appealed claims            
               stand rejected under 35 U.S.C. § 103(as) follows:                                      
                    (a) claim 23 over Yao in view of DE ‘926 and Tsien,                               
                    (b) claims 1-7 and 9-22 over EP ‘235 in view of Yao, and                          
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