Ex parte GIBSON - Page 9




          Appeal No. 1998-1188                                       Page 9           
          Application No. 08/628,556                                                  


               Since all limitations of independent claim 18 are not                  
          taught or suggested by the applied prior art, we will not                   
          sustain the standing 35 U.S.C. § 103 rejection of independent               
          claim 18 and dependent claims 19 through 21.                                
          Rejection (II)                                                              
               We will also not sustain the standing 35 U.S.C. § 103                  
          rejection of claim 9.  Claim 9 is dependent on claim 8 and,                 
          accordingly, includes the limitation of claim 8 found lacking               
          in Hall and UK ‘967, supra.  The additionally cited EP ‘675                 
          reference does nothing to remedy the deficiencies in Hall and               
          UK ‘967.  Therefore, we conclude that the combined teachings                
          of the applied prior art fails to teach or suggest the claimed              
          invention.                                                                  
               Turning next to the examiner's rejection of claims 13 and              
          15 through 17, it is the examiner’s position that Hall and UK               
          ‘967 teach or suggest all of the claimed subject matter,                    
          except for a bit at one end of an anchor pole having a                      
          centrally disposed spike and at least one blade forming from                
          two to four turns around the spike with the spike having a                  
          diameter much smaller than the anchor pole (final rejection,                
          page 5).  The examiner relies on EP ‘675 for a teaching of a                







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