Ex parte NELSON - Page 6




          Appeal No. 96-3613                                                          
          Application 08/335,496                                                      


          cylindrical projection (specification, page 9) and that the                 
          geometry of the foam dispensing passage and sealing cylindrical             
          projection, inter alia, are such as to clear the dispensing                 
          passage and screen upon opening without any degradation in                  
          performance in producing foaming (specification, page 10).  As              
          discerned throughout the specification (pages 13 and 14, and page           
          16), the focus is upon sealing engagement of the projection with            
          the “interior” surface of the dispensing passage, i.e., the                 
          cylindrical sealing exterior surface 60 seats against the                   
          cylindrical “interior” surface of the dispensing passage                    
          (specification, page 14).  It appears to us that the undisclosed            
          embodiment would require the lock to engage some structure (a               
          pair of molded keepers, for example) on the inner (interior)                
          surface of the dispensing passage downstream of the orifice and             
          screen.  In our opinion, the aforesaid structure (molded on the             
          interior surface) which, of course, remains on the inner surface            
          when the door is in opened position and the dispenser is in use,            
          may reasonably be expected to effect some degree of degradation             
          in performance in producing foaming, contrary to appellant’s                
          expressed expectation for the disclosed dispenser (specification,           
          page 10).  Thus, the undisclosed embodiment would not appear to             
          us to have been contemplated by appellant within the framework of           

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