Ex Parte Morrison - Page 2



          Appeal No. 2005-0901                                                        
          Application No. 10/182,886                                                  

          penetrating portion and the soil penetrating portion having a tip           
          which terminates on the constant amplitude without extending into           
          the cavity,                                                                 
               said helical or spiral member being a free-standing,                   
          unsupported member.                                                         
          21. A soil manipulating tool for manipulating soil, including:              
               a soil penetrating portion comprising a helical or spiral              
          member;                                                                     
               the helical or spiral member having an inner surface                   
          defining a substantially cylindrical cavity in which plug of soil           
          can locate, the cavity extending substantially the entire length            
          of the soil penetrating portion, said helical or spiral member              
          being a free-standing, unsupported member; and                              
               wherein the helical or spiral member has a pitch or                    
          wavelength at a portion of the helical or spiral member which is            
          greater than the remainder of the pitch or wavelength of the                
          helical or spiral member so as to create a spring effect at the             
          portion of greater pitch or wavelength.                                     
               The examiner relies upon the following references in the               
          rejections of the appealed claims:                                          
          Bracewell                  4,942,932                Jul. 24, 1990           
          Reinhardt                  5,454,435                Oct.  3, 1995           
               Appellant's claimed invention is directed to a soil                    
          manipulating tool comprising a helical or spiral member having an           
          inner surface that defines a substantially cylindrical cavity in            
          which a plug of soil can locate.  Claim 1 recites that the soil             
          penetrating portion of the tool has a tip which terminates on the           
          constant amplitude of the helical configuration without extending           
          into the cavity, while claim 21 recites that the helical member             
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