Ex parte GUNTHER - Page 2




          Appeal No. 1998-1783                                       Page 2           
          Application No. 08/566,681                                                  


                                     BACKGROUND                                       
               The appellant's invention relates to a process of forming              
          an in-situ piling.  An understanding of the invention can be                
          derived from a reading of exemplary claim 1, which appears in               
          the appendix to the appellant's brief.                                      


               The prior art reference of record relied upon by the                   
          examiner in rejecting the appealed claims is:                               
          Reed et al. (Reed)       4,659,259                     Apr. 21,             
          1987                                                                        



               Claims 1, 5 and 6 stand rejected under 35 U.S.C. § 103 as              
          being unpatentable over Reed.                                               


               Rather than reiterate the conflicting viewpoints advanced              
          by the examiner and the appellant regarding the above-noted                 
          rejection, we make reference to the examiner's answer (Paper                
          No. 11, mailed December 22, 1997) for the examiner's complete               
          reasoning in support of the rejection, and to the appellant's               
          brief (Paper No. 10, filed November 11, 1997) for the                       
          appellant's arguments thereagainst.                                         







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