Ex parte GUNTHER - Page 7




          Appeal No. 1998-1783                                       Page 7           
          Application No. 08/566,681                                                  


               Reed teaches (column 4, lines 44-52) that                              
               [w]hen stabilizing some clay formations with lime, the                 
               chemical reaction is almost immediate. The lime must be                
               infused on the upward travel since once the lime is                    
               mixed, the clay quickly hardens.                                       
                    Optionally a pressure of 15-20 psi of water or                    
               preferably air may be applied to the torque tube 12 (and               
               the exit ports 18, 20, & 22) to prevent intrusion of soil              
               while drilling.                                                        

               Reed also teaches (column 4, lines 57-61) that                         
               [t]he mixing device of the present invention may                       
               accommodate dry chemicals by pumping those chemicals in                
               an air stream down the torque tube 12 out the exit ports               
               18, 20, & 22 and into the formation 30.                                

               After the scope and content of the prior art are                       
          determined, the differences between the prior art and the                   
          claims at issue are to be ascertained.  Graham v. John Deere                
          Co., 383 U.S. 1, 17-18, 148 USPQ 459, 467 (1966).                           


              Based on our analysis and review of Reed and claim 1, it               
          is our opinion that one difference is the limitation in step c              
          of claim 1 that                                                             
               while rotating said augur, removing said augur from the                
               soil, while injecting dry lime and dry cement into said                
               soil in amounts to form said stoichiometric mixture.                   









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