Ex Parte WEGENER et al - Page 2




            Appeal No. 2003-1275                                                          Page 2              
            Application No. 09/443,456                                                                        


                                               BACKGROUND                                                     
                   The appellants’ invention relates to a system and process for forming                      
            workpieces.  Further understanding of the invention may be obtained from a reading of             
            independent claims 1 and 27 which are reproduced, infra, in the opinion section of this           
            decision.                                                                                         
                   The examiner relied upon the following prior art references in rejecting the               
            appealed claims:                                                                                  
            Koser                                  4,043,1671                Aug. 23, 1977                    
            Prinz et al. (Prinz)                   5,301,863                 Apr.  12, 1994                   
            Hashimoto et al. (Hashimoto)           615,799                   Sep.  21, 1994                   
                   (European patent application)                                                              

                   The following rejections are before us for review.2                                        
            (1)    Claims 1-8, 10, 17, 18 , 23, 25 and 27-30 stand rejected under 35 U.S.C.                   
            § 102(b) as being anticipated by Hashimoto.                                                       
            (2)    Claims 1, 5-8, 10, 11, 13-17, 23, 25 and 27-30 stand rejected under 35 U.S.C.              
            § 102(b) as being anticipated by Prinz.                                                           




                   1 The examiner’s citation, on page 3 of the answer, of U.S. Pat. No. 4,170,157, also issued to
            Koser, appears to be in error, as the rejection from which this appeal is taken (Paper No. 19, page 5) and
            the rejection as stated on page 4 of the answer both make clear reference to U.S. Pat. No. 4,043,167.
                   2 The additional rejections set forth in the rejection (Paper No. 19) from which this appeal is taken
            have been withdrawn by the examiner (see pages 2 and 3 of the answer).                            






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