Appeal 2007-2175 Application 10/315,464 been withdrawn from consideration by the Examiner (Answer 3).2 We have jurisdiction under 35 U.S.C. § 6(b). We REVERSE. I. BACKGROUND The invention relates to an apparatus for forming fiber reinforced composite parts. Claim 1 is illustrative of the subject matter on appeal: 1. An apparatus for forming fiber reinforced composite parts, said apparatus comprising: a plurality of feeder mechanisms for gravimetrically feeding chopped or milled fibrous materials and resin binder materials at specified rates onto a constituent transport arrangement so that said resin material and said fibrous materials are in a predetermined ratio; a mixer for mixing said fibrous and resin materials received from said constituent transport arrangement; and a conveyance medium for depositing said mixed materials in a mold of desired shape. The Examiner relies on the following prior art references to show unpatentability: Hergeth US 3,348,886 Oct. 24, 1967 Jahn US 3,917,884 Nov. 4, 1975 Wurtz US 4,708,268 Nov. 24, 1987 2 Appellants dispute the status of claim 37 as withdrawn, however, the language of the Answer clearly indicates that the Examiner has, in fact, withdrawn this claim from consideration. As such it is not currently subject to our review. 2Page: Previous 1 2 3 4 5 6 Next
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