Appeal No. 1999-2114
Application 08/821,711
1934, 1936 (Fed. Cir. 1990). Accordingly, the rejection of
appellant’s claim 20 under
35 U.S.C. § 103 is sustained.
Of the claims dependent from claim 13, only claim 16
has been argued separately. However, since BPS ‘215 fails to
disclose the required teaching of sliding the gate across the
upper surface of the block while maintaining the required
force against the material, as set forth in independent claim
13, it follows that the examiner’s rejection of dependent
claim 16 cannot be affirmed based on BPS ‘215 alone.
With respect to claim 21, which is dependent from
claim 20 and was argued together with claim 13, we sustain the
rejection under 35 U.S.C. § 103. Independent claim 20 differs
from independent claim 13 in that it does not indicate that
the sliding of the gate across the upper surface of the blank
takes place while a force sufficient to compress the
particulate material into a block is maintained against the
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