Ex parte ROMELL - Page 9




          Appeal No. 1996-2802                                       Page 9           
          Application No. 08/140,142                                                  


          less explained why a compressed wood fuel pellet having the                 
          characteristics required by this claim would have been obvious              
          in view of the teachings of the five references discussed                   
          above.  Our own analysis has convinced us that the combined                 
          teachings of the references fail to establish a prima facie                 
          case of obviousness with regard to the wood pellet defined in               
          claim 18.  We therefore find ourselves in agreement with the                
          appellant that the rejection of independent claim 18 and                    
          dependent claims 20 and 21 should not be sustained.                         
               For essentially the same reasons as were explained above               
          with regard to claim 1, we also will not sustain the rejection              
          of independent claim 14 and dependent claims 15-17 and 22,                  
          which stand rejected on the basis of the combined teachings of              
          Matthews, McCan, Gibbons, Bonlie and Pfleumer.                              
               Claim 14 is directed to a machine for making compressed                
          wood fuel pellets which comprises the elements necessary to                 
          perform all of the steps set forth in claim 1.  These include a             
          splitting edge for splitting a portion out of a wood wafer, a               
          cage surface rearwardly of the splitting edge for confining the             
          split portion in a direction generally perpendicular to the                 
          grain, and a compression hammer and opposed anvil to compress               







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