Ex parte KOFAHL - Page 5




          Appeal No. 1999-2114                                                        
          Application 08/821,711                                                      



          together.  However, claims 13 and 20 are independent claims,                
          wherein claim 16 depends from 13 and claim 21 depends from 20.              
          For simplicity, we will discuss the rejections with respect to              
          independent claims 13 and 20 and then discuss the issues per-               
          taining to the rejected dependent claims therefrom.  As                     
          indicated on page 3 of appellant’s brief, dependent claims 14,              
          15, 17, 18 and 19 will stand and fall with claim 13.                        


                    Turning first to the examiner’s rejection of claim                
          13 under 35 U.S.C. § 102(b) as being anticipated by BPS ‘215.               
          Appellant has presented arguments on pages 4 through 6 of the               
          brief and pages 1 and 2 of the reply brief which we find                    
          persuasive.                                                                 


                    Claim 13 requires that “the force” against the                    
          particulate material be maintained while the gate is slid                   
          across the upper surface of the block.  This “force” refers                 
          back to the “sufficient force” applied to compress the                      
          material into a block.  The British reference teaches that a                
          precompression of a blank is first performed between upper                  

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