Ex parte BOSTIC - Page 2




          Appeal No. 96-2817                                                          
          Application 08/082,549                                                      





                                 DECISION ON APPEAL                                   
                    This is a decision on appeal from the examiner's                  
          final rejection of claims 1, 2, 4 through 8, 10, 11, 14 and 16              
          through 20.  Claims 3, 9, 12, 13, 15 and 21 through 28, the only            
          other claims remaining in the application, stand withdrawn from             
          further consideration under 37 CFR § 1.142(b).                              


                    Appellant's invention relates to a rotary milling                 
          cutter.  Claims 1, 10 and 18 are representative of the subject              
          matter on appeal.  A copy of those claims may be found in the               
          Appendix to appellant's brief.                                              


                    The prior art references relied upon by the examiner in           
          rejecting the appealed claims are:                                          
          Jodock et al. (Jodock)          4,605,347          Aug. 12, 1986            
          Maier                           4,645,389          Feb. 24, 1987            


                    Claims 1, 2, 4 through 6, 8, 10, 11, 14 and 16                    
          through 19 stand rejected under 35 U.S.C. § 102(b) as being                 
          anticipated by Jodock.  According to the examiner, the Jodock               
          reference shows                                                             
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