Ex parte WELKER - Page 9




          Appeal No. 96-4197                                                          
          Application No. 08/425,261                                                  

          and provide automatic controlled operations without human                   
          muscular force.  Even if we agree with the Examiner's                       
          rationale, we are then only left with reasons to substitute                 
          the Welker probe insertion apparatus for the Kamrat device.                 
          The Examiner has not offered any reason to modify the Kamrat                
          device in which the threaded bars 7 shown in figure 1 are                   
          replaced with two hydraulic cylinders.  Furthermore, the                    
          Examiner has not offered any reason to modify the Kamrat                    
          device further by redesigning the fastening means such that                 
          the hydraulic cylinders are positioned adjacent to and offset               
          to the side of the stuffing and blocking value so that force                
          is precluded to extend beyond the insertion rod.                            
               Upon a careful review of Kamrat and Welker, we fail to                 
          find that either one of these references recognizes the                     
          problem of providing the insertion power to the insertion rod               
          without extending the height of the structure.  Furthermore,                
          we fail to find any suggestion or desirability disclosed other              
          than what is provided by Appellant's specification.                         
          Therefore, we find that the Examiner has failed to establish                
          that the prior art suggested the desirability of the                        
          modification as proposed in the rejection.                                  

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