Ex parte LIPSEY - Page 2




                 Appeal No. 96-1389                                                                                                                     
                 Application No. 07/925,615                                                                                                             


                 withdrawn from further consideration under 37 CFR § 1.142(b)                                                                           
                 as not being readable on the elected invention.  An amendment                                                                          
                 filed subsequent to the final rejection on March 21, 1994                                                                              
                 (Paper No. 9) has been entered.  See the advisory letter                                                                               
                 mailed April 11, 1994 (Paper No. 11).                                                                                                  
                          Appellant’s invention pertains to a compost pile building                                                                     
                 apparatus.  Details of the invention can be readily understood                                                                         
                 from a reading of the appealed claims, a copy of which is                                                                              
                 found in an appendix to appellant’s brief.                                                                                             
                          The references of record relied upon by the examiner in                                                                       
                 support of the rejections are:                                                                                                         
                 Piez et al. (Piez)                                    696,266                             Mar. 25, 1902                                
                 Plugge et al. (Plugge)                                3,145,855                                    Aug. 25,                            
                 1964                                                                                                                                   
                 Pinckard                                              4,164,405                                    Aug. 14,                            
                 1979                                                                                                                                   
                 Cottrell et al. (Cottrell)                            4,253,405                                    Mar.  3,                            
                 1981                                                                                                                                   
                 Shelef                                                4,288,241                                    Sep.  8,                            
                 1981                                                                                                                                   
                 Malmström et al (Malmström)                           4,445,814                                    May   1,                            
                 1984                                                                                                                                   
                          The following rejections under 35 U.S.C. § 103 are before                                                                     
                 us for review:2                                                                                                                        

                          2The answer also included a new rejection of the appealed                                                                     
                 claims under 35 U.S.C. § 102(b) based upon a public use and/or                                                                         
                                                                         -2-                                                                            





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