Appeal No. 1999-1529 Page 6
Application No. 08/366,985
into each bore hole; (3) orienting a first and second end of a
cable within a separate bore hole, each end having a wire
strand positioned about it for mixing the resin cartridges and
a drive ferrule; (4) forcing the ends of the cable into their
respective bore holes; (5) puncturing the respective resin
cartridges with the respective cables [sic, ends of the
cable]; (6) mixing the resin in the resin cartridges so the
resin will harden the respective ends of the cable as the ends
of the cable move through the ruptured resin cartridges; and
(7) tightening the cable between the bore holes.
The appellant argues (brief, pp. 14-15) that (1) Scott
does not teach the claimed "resin cartridge" since Scott
teaches a cement capsule and cement is not a resin, and (2)
Scott does not teach the claimed "mixing" step. We agree. In
that regard, while Scott may suggest using an anchor material
other than cement (see column 4, lines 48-52), Scott does not
teach the use of resin as the anchor material. Accordingly,
claim 39 is not anticipated by Scott. Likewise, Scott does
not teach the claimed "mixing" step since Scott does not teach
mixing resin with the ends of his cable 16.
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