Ex parte HUBERT - Page 3




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



                    (c) a corresponding plurality of rollers disposed on              
          and parallel to each of the top wall, the bottom wall and each              
          of the two side walls; and                                                  
                    wherein the plurality of rollers direct material fed              
          into the entrance of the tunnel towards the extremity thereof               
          and wherein the material is compressed within the tunnel and                
          then cut by the means for cutting.                                          
                    The references relied upon by the examiner in re-                 
          jecting the appealed claims are:                                            
          Kisielewski                3,911,772                Oct. 14,                
          1975  Baikoff                    3,991,944               Nov.               
          16, 1976                                                                    
          Barclay                    4,976,178               Dec. 11,                 
          1990                                                                        


                    The appealed claims stand rejected as follows:                    
                    (1) Claims 1, 4 to 6 and 8 to 10, unpatentable over               
          Barclay, under 35 U.S.C. § 103;                                             
                    (2) Claims 2, 3 and 7, unpatentable over Barclay in               
          view of Baikoff, under 35 U.S.C. § 103;                                     
                    (3) Claims 11 to 13, unpatentable over Barclay in                 
          view of Kisielewski, under 35 U.S.C. § 103.                                 
                    The Barclay patent discloses a tire shearing machine              
          in which the tire carcasses are delivered to the cutting means              
          13 through a tunnel (conveyor) 39.  The converging upper and                
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