Appeal No. 2000-1655 Page 8
Application No. 08/836,892
frictional surface area to reduce movement of the pile in the
hole.
The appellants argue (brief, pp. 6-11) that the following
claimed limitations are not taught or suggested by Long: (1) a
plate-like reaction member extending approximately in parallel
to a freezing front of the ground, and positioned in the
ground at a depth which is deeper than a maximum freezing
depth of the ground as recited in independent claim 36; and
(2) excavating a pile hole in the soil to a depth below the
maximum freezing depth and driving the pile into the pile hole
so that the reaction member is positioned at the bottom of the
excavated pile hole below the maximum freezing depth as
recited in independent claim 33. We agree.
While the examiner's determination (answer, p. 3) that
Long's rings 26 are positioned in the ground at a depth which
is deeper than the maximum freezing depth of Long's seasonal-
thaw region 10 is correct, Long specifically teaches that the
rings 26 are located in the permanently frozen region 12 of
the soil (column 2, line 57, to column 3, line 17; Figures 1
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