Ex Parte Pfalzer - Page 4

                Appeal 2006-2016                                                                             
                Application 10/347,345                                                                       
                inside wall of the drum in order to mechanically process the recovered                       
                paper;                                                                                       
                      a rotatable coil positioned at the second face of said drum and                        
                arranged to discharge the recovered paper and impurities out of said drum;                   
                and                                                                                          
                      said at least one displacement body being arranged to extend through                   
                said rotatable coil and being held within said drum from outside of said                     
                drum.                                                                                        
                      The Examiner relies on the following prior art references as evidence                  
                of unpatentability:                                                                          
                Tremolada   US 3,614,003   Oct. 19, 1971                                                     
                Krebs    US 6,000,640   Dec. 14, 1999                                                        

                      The rejections as presented by the Examiner are as follows:                            
                   1. Claims 1, 3, 5, 9-14, 17, 18, 21, 22, 24, 26, 30-35, 38, 39, 42, and 43                
                      are rejected under 35 U.S.C. § 102(b) as being unpatentable over                       
                      Krebs.1                                                                                
                   2. Claims 2, 6-8, 15, 16, 19, 20, 23, 27-29, 36, 37, 40, and 41 are                       
                      rejected under 35 U.S.C. § 103(a) as being unpatentable over Krebs.1                   
                   3. Claims 4 and 25 are rejected under § 103(a) as being unpatentable                      
                      over Krebs in view of Tremolada.                                                       


                                                                                                            
                1 Claims 14 and 35 (the § 102(b) rejection), and 8 and 29 (§ 103(a) rejection                
                over Krebs alone) were not included in the Examiner’s statement of the                       
                rejection (Answer 3, 4), however, the Examiner included such claims in his                   
                explanation of the rejection (Answer 4, 5).  Appellant understood that these                 
                claims (i.e., claims 8, 14, 29, and 35) were under rejection by his statement                
                that “[c]laims 1-43 . . . stand finally rejected” (Br. 4).  Therefore, the                   
                Examiner’s inadvertent oversight regarding these claims is harmless.                         
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