Appeal No. 1998-2026
Application No. 08/508,738
would have fairly understood the grape press of the German
reference as being capable of compressing fine dust, alone or
with grapes. Further, we perceive that, in its latched
position (Fig. 1), the closed, offset-pivoted bottom 4 (flap
valve) of the German reference, in conjunction with
controllable pressure sensor 12, valve 15, and hydraulic
cylinder 7, acts to apply a controlled counterpressure to the
material being compressed, as now claimed. Therefore, we are
not in accord with appellant’s understanding (brief, page 9)
that the German document fails to disclose the biasing means
of the present invention.
This panel of the board points out that the argued “semi-
stationary” compressing operation in which a blocking plug is
movable in a controlled manner (brief, page 8) is simply not
commensurate with the underlying disclosure which clearly
addresses only opened and closed positions for the shutoff
flap 9; see footnote 3, supra. Consistent with the
specification, appellant’s Figures 3a and 3b show the closed
position of the shutoff flap and Figure 4 shows the opened
position.
8
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