Appeal No. 2000-2288
Application No. 08/960,576
evaporation of water and therefore need dry conditions before
setting hard, by being capable of setting in a predetermined
time in either wet or dry conditions. Each of the field tests
set forth in Plaisted '958 (column 4, line 60, et seq.)
relates to applying the plaster/mortar material therein to a
wet hollow concrete block stopping by spraying. Plaisted '958
says nothing about use of the plaster/mortar composition
therein on wire mesh or screening.
While it is certainly true that the wire mesh in Burton
must have mesh openings of some given size, there is nothing
in that reference which mentions or relates to the spraying of
a plaster/mortar material onto a wire mesh to form a mine
stopping. Burton merely mentions spreading the plaster/mortar
over the wire mesh, presumably by use of a hand trowel. Thus,
there is nothing in Burton which teaches or suggests a mesh
size like that claimed by appellants, and nothing to establish
that mesh size would have been viewed as being a result
effective variable for the construction of an appropriate mine
stopping by spraying of plaster/mortar onto a wire mesh,
especially where the spraying is intended to take place from
8
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007