Ex Parte Zazovsky - Page 6


                Appeal 2007-1101                                                                             
                Application 10/248,535                                                                       
                probe 216 in Figure 4 of the second embodiment, and probe 316 within the                     
                third embodiment in Figure 5 has elements disclosed which are operatively                    
                connected to the piston for fluctuating the fluid within the cavity as in                    
                independent claim 1, permit selective activation of elements associated with                 
                the piston within each of these probes such as to fluctuate the fluid in the                 
                cavity as well as having elements which are selectively positioned within a                  
                cavity for fluctuating the fluid in the same cavity as recited respectively in               
                independent claims 1, 12, and 30 on appeal.                                                  
                      The actuating means of the Abstract in Ciglenec is also utilized within                
                the Summary of the Invention discussion at column 3, lines 31 through 56,                    
                to perform this function.  Within Figure 2 and the various parts of Figure 3                 
                there is no dispute that the probe 16 includes a piston 51, best shown in                    
                Figure 3C, and labeled as pin 51 within the teachings of this reference.                     
                Additionally, there is disclosed a piston 70 and hydraulic valves 61, 63                     
                which functionally operate by means of hydraulic fluid passage 29 in the                     
                various figures according to the hydraulic system 28 in Figure 2.  The piston                
                70 within the probe 16 is shown in Figure 3A in a withdrawn, retracted                       
                position and a piston 51 within it is shown in a forward position.  Figure 3B                
                shows the piston 70 in an advanced or forward position, again with the                       
                piston 51 within it in a forward position.  The same may be said of Figure                   
                3C.  In Figure 3D, the piston 70 remains in the forward position and the                     
                piston 51 within it has been moved back within piston 70 such as to permit                   
                the pressure of the formation to be measured by the pressure sensor 54                       
                according to the discussion of Figure 2 beginning at column 5.  Through the                  
                discussion of the various portions of Figure 3, the piston 51 within the piston              
                70 operates in an oscillatory manner.  They start in a retracted position, are               

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