Ex parte CULVER - Page 9




          Appeal No. 2000-1667                                       Page 9           
          Application No. 09/071,305                                                  


          to the field.  Henthorn discloses that the large material is                
          removed from a first location and the large material is dumped              
          at a second location.  There is no disclosure in either                     
          reference of the step of “separating course material from the               
          fine material such that the coarse material is deposited on                 
          top of the fine material."  Therefore, we will not sustain                  
          this rejection as it is directed to claim 18 or claims 20, 25               
          through 27 and 29 dependent thereon.                                        
               The decision of the examiner is reversed.                              
                                      REVERSED                                        




                         NEAL E. ABRAMS                )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         MURRIEL E. CRAWFORD           )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                                                       )                              
                         RICHARD B. LAZARUS            )                              
                         Administrative Patent Judge   )                              









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