Ex Parte Powers et al - Page 3




          Appeal No. 2004-0618                                                        
          Application No. 10/021,790                                                  


               Attention is directed to the brief (Paper No. 9) and answer            
          (Paper No. 10) for the respective positions of the appellants and           
          examiner regarding the merits of these rejections.1                         
                                     DISCUSSION                                       
               Kirschke discloses “[a]n elongated skid mounted measuring              
          device for utilization in conjunction with a closed circuit TV              
          camera for accurately determining variations in the internal                
          diameter of a conduit” (Abstract).  A first embodiment (see                 
          Figures 1 and 2) comprises a tubular central body 10 mounted on             
          skids 25 and 26, a spring steel deflection arm 37 attached at one           
          end to the central body, a metal ruler 40 fixed to the free end             
          of the deflection arm, a ruler slide 41 connected to the central            
          body for slidably receiving the ruler, and an internal closed               
          circuit TV camera 56 and illumination light means 57 focused on             
          the ruler and ruler slide to observe changes in the relative                
          positions of the two caused by movement of the deflection arm in            
          response to variations in the internal diameter of the conduit.             
          A second embodiment (see Figures 3 through 5) includes a tubular            


               1 In the final rejection (Paper No. 7), claims 6, 8 and 9              
          additionally stood rejected, along with claims 7 and 10, under              
          both the first and second paragraphs of 35 U.S.C. § 112.  The               
          examiner subsequently withdrew these rejections (see page 2 in              
          the answer) in light of the arguments advanced in the appellants’           
          brief.                                                                      
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