Appeal No. 1998-2026
Application No. 08/508,738
counterpressure means in the direction of discharge of the
compressed dust.
B. The examiner should also evaluate whether the recitation of
“at least a component of such movement of said flap being in
the direction of the discharge of compressed dust from said
discharge opening” in dependent claim 9 is inconsistent with
the recital of movement of the counterpressure means “in the
direction of discharge of compressed dust from said
compression chamber” in independent parent claim 6, thereby
rendering claim 9 indefinite under 35 U.S.C. § 112, second
paragraph.
C. With a resolution of the description issue discussed in
“A.” above, the examiner should additionally assess the
subject matter of claims 6 through 10 in light of, for
example, the apparatus of a German document (DE 4 94 211)4
considered with the advantageous feature in the art of
counterpressure and biasing means as disclosed by each of
4This document is referenced on page 2 of appellant’s
application, and a copy thereof is appended to Paper No. 6 in
the application file.
10
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