Ex parte LOCOTOS - Page 8




          Appeal No. 1999-1529                                       Page 8           
          Application No. 08/366,985                                                  


               Independent claim 1 recites a mining support for                       
          supporting rock within a mine comprising, inter alia, a cable,              
          a bending restrictor, and "means for mixing resin in a resin                
          cartridge as the cable is inserted into a bore hole drilled in              
          the rock in which the resin cartridge is disposed, said mixing              
          means positioned about the cable."                                          


               The examiner implicitly found (answer, pp. 3-4) that the               
          only difference between Scott and claim 1 was the bending                   
          restrictor limitation.  With regard to this difference, the                 
          examiner determined that it would have been obvious to one of               
          ordinary skill in the art at the time the invention was made                
          to have substituted a bending restrictor such as taught by                  
          Harding or Yokota for the tube 21A of Scott.                                


               The appellant argues (brief, pp. 17-20) that the                       
          examiner's implicit finding that the only difference between                
          Scott and claim 1 was the bending restrictor limitation is in               
          error.  Specifically, the appellant contends that Scott does                
          not teach or suggest a resin cartridge as explained above.                  









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