Appeal 2007-3844
Application 10/832,881
rejected under 35 U.S.C. § 103(a) as being unpatentable over Seah in view
of Lloyd.
Under 35 U.S.C. § 103(a), the Examiner carries the initial burden of
establishing a prima facie case of obviousness. In re Piasecki, 745 F.2d
1468, 1471-72, 223 USPQ 785, 787-88 (Fed. Cir. 1984).
The question before us is: Has the Examiner met that burden? We
answer that question in the negative. We reverse both rejections for
substantially the reasons set forth in the Brief and Reply Brief (Br. 10-18;
Reply Br. 2-4). We add the following for emphasis.
Fleischli discloses a pipe member for mixing one or more additives
into a flowing fluid with a mixing element in the pipe including a plurality
of static mixing vanes for restricting fluid flow and forming vortices from
the fluid passing through the restriction (Fleischli, Abstract, col. 2, l. 40- col.
3, l. 53, col. 4, ll. 16-40, Figs. 1-4, 7, and 8, elements 5a, 5b, and 6).
Seah discloses slotted corrugated packing plates for an exchange
chamber used in facilitating the interaction between two fluids, such as in a
heat exchanger or mass transfer or other chemical or physical process
operation (Seah, Abstract, col. 2, ll. 41-68, Figs. 1-8).
Lloyd discloses fluid mixing apparatus of a type wherein “fluid
streams flowing in parallel or in the same direction meet at the trailing or
downstream edge of a boundary wall or interface separating the fluid
streams” (Lloyd, col. 1, ll. 1-7, Figs. 1-3). Lloyd states that: “The basis of
invention is that the boundary wall or interface is adapted to divide or
partially divide the fluid streams so that they flow in interleaved or
interdigitated relation until they leave its trailing or downstream edge” (col.
1, ll. 19-23). Lloyd adds that:
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