Ex parte LOCOTOS - Page 11




          Appeal No. 1999-1529                                      Page 11           
          Application No. 08/366,985                                                  


               The appellant argues (brief, p. 24) that the examiner's                
          implicit finding that the only difference between Cranko and                
          claim 38 was the tensioning step is in error.  Specifically,                
          the appellant contends that Cranko does not teach or suggest a              
          resin cartridge.  Additionally, the appellant argues that                   
          Cranko does not teach or suggest the recited mixing step.                   


               We do not agree with the appellant that Cranko does not                
          teach or suggest a resin cartridge as set forth in claim 38.                
          In that regard, the two compartment capsule shown in Figures 3              
          and 4 is clearly disclosed on pages 9-10 as containing a                    
          resin.  Thus, it is our opinion that the claimed "resin                     
          cartridge" is readable on Cranko's two compartment capsule.                 


               We agree with the appellant, however, that Cranko does                 
          not teach or suggest the claimed mixing step.  In that regard,              
          Cranko does not teach or suggest that the resin in Cranko's                 
          two compartment capsule is mixed with a cable to form an                    
          anchor with the rock.  Instead, in the embodiment of Figures 3              
          and 4, Cranko teaches that the resin in Cranko's two                        
          compartment capsule is mixed with a bolt B to form an anchor,               







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