Ex parte BARBER - Page 2




          Appeal No. 1999-2852                                                        
          Application 08/681,898                                                      


          compaction system for densifying a material to achieve a                    
          predetermined                                                               




          density.  An understanding of the invention can be derived                  
          from a reading of exemplary claim 32, which appears in the                  
          appendix to the appellant’s brief.                                          
                                   THE REJECTIONS                                     
               Claims 32 through 43 stand rejected under 35 U.S.C. § 101              
          because in the examiner’s opinion the claimed invention is not              
          supported by either a creditable asserted utility or a well                 
          established utility.                                                        
               Claims 32 through 43 stand rejected under 35 U.S.C. §                  
          112, first paragraph (enablement) for similar reasons.                      
               Rather than reiterate the conflicting viewpoints advanced              
          by the examiner and appellant regarding the above noted                     
          rejections, we make reference to the examiner’s final                       
          rejection and answer (Paper Nos. 11 and 14) for the examiner’s              
          complete reasoning in support of the rejections and to the                  
          appellant’s brief (Paper No. 13) for the appellant’s arguments              


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