Ex Parte Wood et al - Page 2

                Appeal 2007-2175                                                                                   
                Application 10/315,464                                                                             
                been withdrawn from consideration by the Examiner (Answer 3).2  We have                            
                jurisdiction under 35 U.S.C. § 6(b).                                                               
                       We REVERSE.                                                                                 

                                              I.  BACKGROUND                                                       
                       The invention relates to an apparatus for forming fiber reinforced                          
                composite parts.  Claim 1 is illustrative of the subject matter on appeal:                         
                       1.  An apparatus for forming fiber reinforced composite parts, said                         
                apparatus comprising:                                                                              
                       a plurality of feeder mechanisms for gravimetrically feeding chopped                        
                or milled fibrous materials and resin binder materials at specified rates onto                     
                a constituent transport arrangement so that said resin material and said                           
                fibrous materials are in a predetermined ratio;                                                    
                a mixer for mixing said fibrous and resin materials received from said                             
                constituent transport arrangement; and                                                             
                a conveyance medium for depositing said mixed materials in a mold of                               
                desired shape.                                                                                     
                                                                                                                  
                       The Examiner relies on the following prior art references to show                           
                unpatentability:                                                                                   
                Hergeth    US 3,348,886  Oct. 24, 1967                                                             
                Jahn     US 3,917,884  Nov. 4, 1975                                                                
                Wurtz     US 4,708,268  Nov. 24, 1987                                                              


                                                                                                                  
                2 Appellants dispute the status of claim 37 as withdrawn, however, the                             
                language of the Answer clearly indicates that the Examiner has, in fact,                           
                withdrawn this claim from consideration.  As such it is not currently subject                      
                to our review.                                                                                     
                                                        2                                                          

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