Ex Parte SCOTT - Page 8




              Appeal No. 2004-0839                                                               Page 8                
              Application No. 09/347,695                                                                               


              three way valve 118 controls the flow of hydraulic fluid to cylinders 30 and 36 to control               
              the raising and lowering of main frame 16 and the tilting of vibratory frame 18 to a                     
              vertical position relative to main frame 16.  The driver of tractor 14 controls the                      
              movements of main frame 16 and vibratory frame 18 from suitable controls shown at                        
              120 in Figures 4 and 5.  Three way valve 122 controls the raising and lowering of push                   
              tube 68.  Valve 124 controls the operation of motor 94 for vibrator 90.  Valves 122 and                  
              124 are manually controlled by the operator of implanting device 12 seated on seat 108                   
              from suitable controls shown at 126 in Figures 4 and 5.                                                  


                     In operation, with support frame 16 in a raised position and the lower end of                     
              push tube 68 raised from the ground or earth E about eighteen (18) inches, the                           
              operator of implanting device 12 seated on seat 108 grips a geophone 100 to be                           
              implanted with a hand held tool (not shown) below lugs 102 and places the                                
              geophone within slot 96 of tube 68.  Next, the driver of tractor 14 lowers main frame 16                 
              by actuation of cylinders 30 until prong 106 is near the ground or earth surface E.                      
              Berquist teaches (column 4, lines 62-67) that "[i]t is normally desirable to implant                     
              geophone 98 in a vertical direction in earth E.  Consequently, cylinder 36 is actuated by                
              the driver of tractor 14 to position vibratory frame 18 along with the intermediate frame                
              and push tube 68 in a vertical relation."  Then, the operator for implanting device 12                   
              actuates cylinders 56 to lower push tube 68 with the geophone 98 retained within slot                    








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