Ex Parte Muller - Page 5

                Appeal 2007-3992                                                                             
                Application 10/347,867                                                                       
                7. As can be seen from Figure 1, the discharge end 2, scraper 25, and                        
                garniture tongue 7 are opposite garniture bed 6, which comprises rod                         
                guiding surface 12.  (867 Application at ¶ 46, 9:9–20.)                                      
                8. A “rod” of tobacco is transported from suction conveyer 3 along                           
                tobacco channel 9 and encounters wrapper material strip 18 at the entrance                   
                to the intake cone 13.  (867 Application at ¶ 47, 9:25 –10:7.)                               
                9. The rod of tobacco is then shaped by the rod guide surface 12 and,                        
                successively, the intake end 24 of scraper 25, rod guide surface 21, which is                
                the shaped undersurface of scraper 25, and rod guide surface 23, which is the                
                shaped undersurface of garniture tongue 7.  (867 Application at ¶ 46,                        
                9:16-21 and at ¶ 48, 10:10–21.)                                                              
                10. The shaped rod of tobacco and the wrapper material pass through rod                      
                channel 14 through garniture section 8 for finishing.  (867 Application                      
                at ¶ 46, 9:18–20.)                                                                           
                11. According to the specification, “[t]he geometric design of garniture                     
                tongue 7 can also be different from that depicted in Figures 1 and 2 . . . it is             
                contemplated that garniture tongue 7 can have alternative shapes.”                           
                (867 Application at ¶ 53, 12:19-23)                                                          
                12. Consistently with the definition of a garniture tongue as a forming and                  
                compression surface of a compression mold and the disclosed variability of                   
                the garniture tongue geometry, Muller states that "[g]arniture tongue 7                      
                includes a rod guide surface 12 (Page 9, lines 17-21; Figure 1), and at least                
                an intake end 24 (Page 11, lines 8 and 9; Figures 1 and 3) of said garniture                 
                tongue 7 being at least composed in part of a steel alloy with high titanium                 


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