Ex Parte Wentworth et al - Page 2

           Appeal 2007-2378                                                                         
           Application 10/837,098                                                                   

        1              1.   A pipe bursting and replacement apparatus for use in replacing          
        2        horizontal underground pipes comprising:                                           
        3              a pipe bursting head having a central lengthwise hole therethrough;          
        4              a pipe gripping mechanism disposed behind the hole, including a              
        5        plurality of gripping jaws, at least one of the jaws having a pipe gripping        
        6        tooth extending radially outwardly, and a tapered expander configured to fit       
        7        between the jaws such that the expander can move forwardly to force the            
        8        jaws outwardly to engage a replacement pipe;                                       
        9              means for pulling the expander forward relative to the jaws in order to      
       10        pull the pipe bursting head forward; and                                           
       11              a stop limiting forward travel of the expander and preventing outward        
       12        radial travel of the jaws after the tooth has been engaged in the wall of the      
       13        replacement pipe.                                                                  
       14                                                                                           
       15                               THE REFERENCES                                              
       16  Brewis                      US 5,671,953                 Sep. 30, 1997                 
       16 Carter                                                                                    
       17                              US 6,305,880 B1               Oct. 23, 2001                 
       18                                                                                           
       19                               THE REJECTIONS                                              
       20        The claims stand rejected as follows: claims 1, 3, 14 and 17-20 under              
       21  35 U.S.C. § 102(b) as anticipated by Brewis; claims 2 and 6 under 35 U.S.C. § 103        
       22  as obvious over Brewis; and claims 4, 5, 7-13, 15 and 16 under 35 U.S.C. § 103 as        
       23  obvious over Brewis in view of Carter.                                                   
       24                                    OPINION                                                
       25        We affirm the aforementioned rejections.                                           
       26                        Rejection under 35 U.S.C. § 102(b)                                 
       27        Brewis discloses a pipe towing head (10) comprising a tubular body (14)            
       28  with a front frusto-conical portion (16) having a bore (19) therethrough (Brewis,        
       29  col. 2, ll. 38-40).  A threaded bolt (38) having on its front end a towing eye (42)      
       30  extends through the bore and has on its rear end threads that pass through a four-       
       31  section expandable member (44) (corresponding to the Appellants’ gripping jaws)          

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