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. 4Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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