Ex parte HUBERT - Page 2




          Appeal No. 97-3754                                                          
          Application 08/302,504                                                      








                                 DECISION ON APPEAL                                   
                    This is an appeal from the final rejection of claims              
          1 to 13, all the claims in the application.                                 
                    In the examiner’s answer, the examiner made a new                 
          ground of rejection, in response to which appellant filed, on               
          November 13, 1997, a Supplemental Reply Brief on Appeal (Paper              
          No. 23), and an Amendment Under 37 CFR § 1.193(b)(Paper No.                 
          24), amending independent claims 1 and 10.  Claim 10 is illus-              
          trative of the subject matter in issue; as amended, it reads:               
                    10.  An apparatus for compacting and cutting volumi-              
          nous objects of strong elasticity, the apparatus comprising:                
                    (a) means for cutting;                                            
                    (b) a rectangular tunnel having a substantially                   
          horizontally aligned top wall, a substantially horizontally                 
          aligned  bottom wall, the bottom wall parallel to the top                   
          wall, and two substantially vertically aligned side walls,                  
          each of the two side walls extending between the top wall and               
          the bottom wall, the tunnel further including an entrance and               
          an extremity, the tunnel being wider at the entrance than at                
          the extremity, the extremity of the tunnel in communication                 
          with the means for cutting;                                                 


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