Ex Parte Muller - Page 7

                Appeal 2007-3992                                                                             
                Application 10/347,867                                                                       
                17. As in the machine described in the 867 Application, a stream of                          
                tobacco is delivered onto a wrapping material which is then shaped into a                    
                cylinder by a passage between a tongue and a garniture bed.  (Labbe                          
                at 2:35-54, and Figure 3.)                                                                   
                18. Figure 10 of Labbe is said to show a two-part tongue.  (Labbe                            
                at 3:37-39.)                                                                                 
                                    {Labbe Figure 10 is shown below:}                                        





                           {Labbe Figure 10 is said to depict a forming tongue.}                             
                19. According to Labbe, part 32 is an "upstream" part, and part 33 is a                      
                "downstream" part.  (Labbe at 3:39–40.)                                                      
                20. Labbe teaches that part 32 is formed from or coated with a plastic                       
                material to which the gum does not stick.  (Labbe at 3:40–42.)                               
                21. According to Labbe, "[t]he downstream part 33 is formed of a hard-                       
                wearing material, preferably steel, to withstand the high pressure of the                    
                compressed tobacco in that region."  (Labbe at 3:45–48.)                                     
                22. Labbe explains that:                                                                     
                      [i]n the region of the upstream part 32 of the tongue the tobacco                      
                      is not so heavily compressed and therefore has less tendency to                        
                      lose its gum . . . [h]owever, a low-friction plastics material                         
                      would not have sufficient resistance to wear at the downstream                         
                      end where the pressure of tobacco on the tongue is greatest.                           
                (Labbe at 3:56–66.)                                                                          

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