Ex parte HORTON - Page 6




          Appeal No. 95-4852                                                          
          Application 08/224,090                                                      


          thereof which may have become somewhat compressed during                    
          packaging (see column 1, lines 26 though 45; and column 4, line             
          31 et seq.).  Consequently, “the separate particles, or nodules,            
          of the material being fed will be positively separated during the           
          feeding operation” (column 2, lines 19 through 21).  Indeed,                
          Woten expressly emphasizes that “at all times the material is               
          kept in movement and there is no opportunity for compaction”                
          (column 4, lines 65 and 66).  The auger 18 also functions to                
          convey the insulation material in one direction toward an outlet            
          or exit opening 15 (see Figure 2 and column 2, line 68 through              
          column 3, line 8.                                                           
               In light of the foregoing, the appellant’s argument that               
          Woten’s auger 18 does not perform the function required of the              
          “first means” recited in claim 20 is not persuasive.  Since such            
          argument is the only one advanced by the appellant with respect             
          to the standing 35 U.S.C. § 102(b) rejection of independent claim           
          20 and dependent claim 22, we shall sustain this rejection.                 
               We shall also sustain the standing 35 U.S.C. § 103 rejection           
          of dependent claim 21 as being unpatentable over Woten in view of           
          Morris.                                                                     




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