Appeal No. 1999-2114
Application 08/821,711
plunger 4 and lower plunger 3 then the upper plunger is moved
such that a cover plate (i.e., gate) 7 may be moved over the
mold opening and “supported by the upper plunger, cooperating
with the lower plunger to effect further compression of the
blank . . . .” (British reference, page 1, lines 63-66).
The examiner has attempted to demonstrate that the
required method step of “maintaining the force against the
particular material, [while] sliding the gate across an upper
surface of the block” is found in BPS '215 by a) equating the
location of the plunger 3 in Figure 1 to its location in
Figure 2 and b) analyzing the location of the arrow, which
shows movement of gate 7, in Figure 1 as compared to Figure 2.
The examiner contends that since
[f]irst, the upper, compressive surface of
the lower plunger (3) is at the same
distance (approx. 1.9 cm) from the lower,
compressive surface of the upper plunger
(4) in Figure 1
as it is from the lower, compressive
surface
of the plate (7) in Figure 2 of the
reference, which clearly indicates that the
lower plunger is at its compressive
extended position in both figures of the
6
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