Ex parte CULVER - Page 2




           Appeal No. 2000-1667                                                 Page 2              
           Application No. 09/071,305                                                               


                 Appellant’s claimed subject matter is a method of                                  
           resurfacing a gravel road in which the surface is ripped, the                            
           course and fine material separated and the material deposited                            
           onto the road such that course material is deposited on top of                           
           the fine material.                                                                       
                 Claim 18 is illustrative of the claims on appeal:                                  
                 18. A method for resurfacing a gravel road having a                                
           surface, the gravel road including fine material and coarse                              
           material, the method comprising the steps of:                                            
                 ripping the surface of the gravel road to break up fine                            
           and coarse material near the surface of the gravel road using                            
           a plurality of teeth spaced along a ripper bar, the plurality                            
           of teeth being located to penetrate the surface of the gravel                            
           road; and                                                                                
                 separating coarse material from fine material such that                            
           coarse material is deposited on top of the fine material.                                
                                                                                                   
                                          THE PRIOR ART                                             
                 The prior art references of record relied upon by the                              
           examiner in rejecting the appealed claims are:                                           
           Scheunemann                   1,523,084                    Jan. 13, 1925                 
           Bach et al.  (Bach)                 2,775,438                    Dec. 25,                
           1956                                                                                     
           Cicin-Sain                    4,682,428                    Jul. 28, 1987                 
           Constantin                    5,071,284                    Dec. 10, 1991                 
           Henthorn                      5,351,761                    Oct.  4, 1994                 
                                         THE REJECTIONS                                             









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