Ex Parte LEE et al - Page 4




          Appeal No. 2002-0431                                                        
          Application 09/309,057                                                      


               The examiner argues (final rejection mailed September 22,              
          2000, paper no. 7, pages 2-3)2:                                             
               The specification fails to set forth how the two motors                
               cause the shaft to be extended up into the conduit                     
               (page 10, line 11), to turn the shaft in a “radial”                    
               direction, or to oscillate it back and forth, with or                  
               without simultaneously vertical moving.  Merely showing                
               two “motors” without giving any indication as to how                   
               they are connected to the shaft by transmissions of a                  
               nature that imparts a specific motion while allowing a                 
               separate or concurrent motion in the other of the two                  
               disclosed modes is insufficient to enable one skilled                  
               in the art to make the device.  Although it could be                   
               said that transmissions for connecting a motor to a                    
               shaft to impart axial reciprocating motion are old and                 
               well-known, and that transmissions for connecting a                    
               motor to a shaft to impart rotary reciprocating motion                 
               are old and well-known, connecting two motors (either                  
               directly or indirectly) to the same shaft to at the                    
               same time apply their own type of motion while being                   
               simultaneously constructed and connected not to                        
               interfere with the application of the other type of                    
               motion is an entirely different proposition.                           
               The portions of the appellants’ original specification which           
          describe the mechanism for providing vertical and circumferential           
          motions to the shaft and describe the operation of that mechanism           
          are the following:                                                          
                    The lower portion 68 of shaft 64 is mounted to a                  
               drive means, e.g., a motor 76 for driving the shaft 64                 
               for movement in both the vertical and the radial                       
               directions.  The drive means 76 may be provided such                   
               that the shaft 64 is capable of oscillating                            

               2 The explanation of the rejection set forth in the final              
          rejection is relied upon in the examiner’s answer (page 2).                 
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