Ex parte DWIGGINS - Page 2




          Appeal No. 1997-0855                                                        
          Application No. 08/248,543                                                  


               Appellants submit at page 2 of the Request that we                     
          inexplicably adopted the examiner's reasoning that element (d)              
          of claim 22 is "met by water supplied by conduit 45 to adjust               
          the consistency in mix tank 32" (page 4 of Answer).                         
          Appellants maintain that "the means of element (d) must supply              
          'a slurry of fiber in liquid water,'" whereas "[p]ure water                 
          supplied through conduit 45 of Cheshire '156 cannot satisfy                 
          element (d)."  Appellants contend that "mix tank 32, conduit                
          35 and pump 34 are not capable of supplying a slurry of fiber               
          in 'liquid water' as mix tank 32 contains a 'foam-fiber'                    
          mixture - not a 'slurry of fiber in liquid water'" (page 2 of               
          Request).                                                                   
               We are not persuaded by this argument because Cheshire                 
          '956 expressly discloses that pump 34 is activated to supply                
          foamable liquid from silo 26 and mix tank 32 to the headbox.                
          Hence, the material delivered to the headbox through line 35                
          is a liquid that is capable of generating a foam.                           
               Appellants also contend at page 2 of the Request that                  
          "Cheshire fails to disclose a 'means for combining said water               
          slurry of fibers with said foamed liquid' as required by                    
          element (e)."  In our view, it is clear from reading the                    

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