Ex parte FISCHER et al. - Page 3




          Appeal No. 95-3883                                                          
          Application No. 08/147,987                                                  


          the latter into a drilled hole, so that when said cartridge                 
          with said separating means is crushed by said rotating                      
          anchoring rod said rotating anchoring rod generates shear                   
          forces which liquify said water component and said components               
          are mixed by said rotating anchoring rod and produce a bonding              
          agent which prevents any escape of said water component and                 
          fixes said anchoring rod in the drilled hole.                               
               The references of record relied upon as evidence of                    
          obviousness are:                                                            
          Montgomery                 3,618,326              Nov.  9,                  
          1971                                                                        
          Maechtle                   5,282,697              Feb.  1,                  
          1994                                                                        
          (filed Feb. 21,                                                             
          1992)                                                                       
               Claims 1, 3, 5 and 6 stand rejected under 35 U.S.C. § 103              
          as unpatentable over Maechtle in view of Montgomery.                        
          According to the examiner, Maechtle discloses a composite                   
          rotatable anchoring rod and a crushable cartridge that is                   
          filled with two components of hardenable bonding agent that                 
          includes mineral mortar and water.  Maechtle discloses that                 
          the anchoring rod will crush the separating means so that the               
          two components will mix.  Maechtle does not disclose the use                
          of thixotropic agent in any of the two components.  The                     
          examiner is further of the view that Montgomery discloses a                 
          thixotropic agent that can be pyrogenic silica.  Thus, the                  

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