Ex parte KIETZER - Page 4




                 Appeal No. 1998-2026                                                                                                                   
                 Applicatin No. 08/508,738                                                                                                              


                 to the argument presented by appellant appears in the answer                                                                           
                 (Paper No. 19), while the complete statement of appellant’s                                                                            
                 argument can be found in the brief (Paper No. 18).                                                                                     


                          As indicated in the brief (page 4), claims 6 through 10                                                                       
                 stand or fall together.  In accordance with 37 CFR §                                                                                   
                 1.192(c)(7), we select claim 6 for review, infra, with the                                                                             
                 remaining claims standing or falling therewith.                                                                                        


                                                                     OPINION                                                                            
                          In reaching our conclusion on the anticipation issues                                                                         
                 raised in this appeal, this panel of the board has carefully                                                                           
                 considered appellant’s specification  and claim 6, the applied   2                                                                     


                          2As disclosed in the specification, “[t]he shutoff flap                                                                       
                 is kept closed for generating a counterpressure, until the                                                                             
                 desired compaction is reached.  Then, the shutoff valve is                                                                             
                 opened as a result of the pressure, under which the piston ram                                                                         
                 is operated in the compacting phase...” (pages 3 and 4) “The                                                                           
                 pressure control of the flap by the pressure of the piston ram                                                                         
                 of the compression device” allows continuously compacted                                                                               
                 cylindrical chunks to form “in any desired degree of                                                                                   
                 compaction.”  (page 4) “[T]he shutoff flap 9 is kept opened or                                                                         
                 closed by a further piston-cylinder unit 19, 20 with the aid                                                                           
                 of an interposed control unit (not shown) that is responsive                                                                           
                 to the pressure of piston ram 17 (Figure 1) of the                                                                                     
                 piston/cylinder unit.”  (page 8)                                                                                                       
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