Appeal No. 2004-1920 Page 3
Application No. 09/302,1999
OPINION
In reaching our decision in this appeal, we have given careful consideration to
the appellant's specification and claims, to the applied prior art references, and to the
respective positions articulated by the appellant and the examiner. As a consequence
of our review, we make the determinations which follow.
The appellant’s invention relates to a means for driving a hollow pole, such as
those used to support beach umbrellas, into the ground, and removing it from the
ground. Claim 1 is directed to the combination of an impact tool with a hollow pole. The
claim recites a hollow pole and a ring member having top and bottom surfaces and an
annular outer circumference mounted on the mid-section of the pole. It also recites an
impact tool comprising a cylindrically shaped sleeve having open ends defining a center
channel having an annular circumference greater than that of the annular ring, and first
and second weight members mounted within the center channel on opposed sides of
the annular ring member such that the first and second weight members can impact the
top and bottom surfaces of the annular ring member when the sleeve is moved in
downward strokes or upward strokes to cause the pole to be moved into or out of the
ground.
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