Ex parte ROMELL - Page 10




          Appeal No. 1996-2802                                      Page 10           
          Application No. 08/140,142                                                  


          the split portion along the grain.  The teachings of Matthews,              
          McCan and Pfleumer have been described above.  Gibbons is                   
          directed to a crop wafering machine in which chopped fibers are             
          compressed into feed pellets for livestock by a screw acting in             
          concert with the friction encountered by the fibers as they are             
          being pushed through a cylindrical tube.  Bonlie discloses a                
          rotary press comprising a pair of pocketed wheels for                       
          compressing granulated charcoal into fuel pellets.  The                     
          reasoning of the examiner is expressed as “[h]aving the prior               
          art before him it would have been obvious to the artisan to                 
          combine . . .” the references into a machine that meets the                 
          terms of the claim.  What has not been provided is a concise                
          explanation of the reasons why one of ordinary skill in the art             
          would have been motivated to modify the Matthews device by the              
          teachings in each of the other references so as to arrive at                
          the invention recited in claim 14.  As with the rejection of                
          claim 1, it is our view that the only suggestion to combine the             
          references in the manner intended by the examiner resides in                
          hindsight, and therefore a prima facie case of obviousness has              
          not been established.                                                       









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