Ex parte KIETZER - Page 7




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

          reversed.                                                                   


                    The rejection based upon the German reference                     
               We affirm the rejection of claim 6 under 35 U.S.C. §                   
          102(b) as being anticipated by the German reference.  It                    
          follows that the rejection of claim 7 is likewise affirmed                  
          since this claim stands or falls with claim 6, as indicated                 
          above.                                                                      


               From appellant’s perspective (brief, pages 7 through 9),               
          the German reference does not disclose a means for biasing a                
          counterpressure means toward a discharge end of a compression               
          chamber to apply a controlled counterpressure to the material               
          being compressed, since the door or floor 4 (bottom) of the                 
          grape press is merely locked in a closed position and does not              
          provide the capability of performing a semi-stationary                      
          compressing function in which a blocking plug of compacted                  
          dust is permitted to move in a controlled manner.  We disagree              
          for the following reasons.                                                  


               In our opinion, one having ordinary skill in the art                   

                                          7                                           





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