Appeal No. 1997-4397
Application 08/395,698
definition of sluice from Knight's American Mechanical
Dictionary (Hurd and Houghton 1876) and a copy of U.S. Patent
5,341,966 to Blankmeiser et al. which shows a cellular rotary
sluice. Neither shows a continuous rotary to stationary
connection. Since the drilling machine in Sorensen transmits
its rotary motion to the auger bit 1 via power transmission
shaft 5 which extends down through the water/air sluice 7 and
is connected to bit 1, it is not apparent how lines inside the
auger can be connected to a stationary box outside the auger.
Lastly, we come to Johnston. The Examiner finds that
"Johnston et al. exemplify prior art means for connecting
passages inside a rotating drill string to stationary outside
equipment . . ." (FR2-3) and considers "Johnston et al. merely
to illustrate an example of the ubiquitous swivel-type joint"
(EA13). Appellant argues (Br12-13):
The combination of dome 37 and vent pipe 40 of Johnston
appears to be capable of passing vented gas into the
atmosphere while the drill is rotating. Thus, Johnston
et al. does disclose a primitive form of a swivel
connection. However, Johnston et al. contains no
disclosure, teaching or suggestion of actually doing
anything with this vented gas, and it simply escapes into
the atmosphere.
No one of skill in the art would even think of
combining the "swivel body" taught by Johnston et al.
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