Ex parte DWIGGINS - Page 3




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


          entirety of the Cheshire patents, e.g., '956 at column 5,                   
          lines 11 et seq., that lines 35 and 24 carry both liquid and                
          foam and are combined at the T in a mixture of foamed liquid                
          and a water slurry of fibers.                                               
               Appellants also submit at page 3 of the Request that we                
          erroneously concluded that claims 23-25 fall together with                  
          claim 22.  Appellants point out that the Brief states at page               
          9 that "[c]laims 23, 24 and 25 contain additional features                  
          which make each of them separately patentable."  However, such              
          a conclusory statement falls far short of the requisite                     
          presentation of substantive arguments which explain why each                
          of claims 23, 24 and 25 would have been nonobvious to one of                
          ordinary skill in the art.  See 37 CFR § 1.192(c)(7) and                    
          (c)(8) (1995).  In the opening sentence of the paragraph at                 
          page 9 of the Brief, referred to by appellants, appellants                  
          treat all the appealed claims as a group.  In particular,                   
          appellants state that "[e]ach appealed claim in this                        
          application (22-25) contains a limitation requiring:  means                 
          for mixing an aqueous slurry of fibers with foam to form a                  
          foamed fiber furnish."  Although appellants maintain at page 3              
          of the Request that "much of Applicants [sic, Applicants']                  

                                         -3-                                          




Page:  Previous  1  2  3  4  5  6  Next 

Last modified: November 3, 2007