Ex Parte SECKEL - Page 4




          Appeal No. 2001-0019                                                        
          Application No. 09/240,197                                                  


               a stack of foliage [14] may be loaded onto the bed from                
               a position on the ground . . . and also may be                         
               successively advanced along the conveyor bed [16] to                   
               provide an overhang beneath and forward of a rotating                  
               angularly disposed variable cutter [20] which travels                  
               horizontally and then vertically downward in a zig-zag                 
               pattern to successively cut slices of foliage from the                 
               overhang of the stack.  The sliced material is forced                  
               out by a shield [92] of the cutter and falls under                     
               force of gravity substantially continuously as it is                   
               cut onto a transverse foliage conveyor [18] at the                     
               front of the vehicle and is thereby deposited upon the                 
               ground as a livestock feed windrow [19] while the                      
               vehicle is displaced or into feed bins or onto another                 
               vehicle for subsequent processing while said stack                     
               vehicle is stationary.                                                 
               In applying the above reference teachings against the                  
          appealed claims, the examiner concedes (answer, pages 4-5) that             
          Fincham lacks several of the features set forth in the appealed             
          claims, including a hydraulic system that operates to expel bales           
          from the bale chamber (claim 1), and a baler that includes a                
          first opening for receiving material to be baled and a second               
          distinct opening for expelling a formed bale (claim 7).  In                 
          addition, it is clear that Fincham lacks many of the features               
          called for in appealed claim 24, including, but not limited to, a           
          second gib assembly having a splitting wedge mounted to the                 
          trailer for reciprocating movement, and a hydraulic cylinder and            
          piston rod coupled to both a first gib assembly for compressing             
          material to be baled and the second gib assembly for splitting              

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