Ex Parte SCOTT - Page 2




              Appeal No. 2004-0839                                                               Page 2                
              Application No. 09/347,695                                                                               


                                                   BACKGROUND                                                          
                     The appellant's invention relates to an apparatus and method for coupling a                       
              geophone to soil (specification, p. 1).  Claim 1 reads as follows:                                       
                            An apparatus for coupling a seismic geophone to soil, comprising:                          
                            a portable chassis;                                                                        
                            a frame engaged with said chassis;                                                         
                            an orientation device engaged with said frame for selectively orienting                    
                     said frame to vertical; and                                                                       
                            a hammer moveable relative to said frame to contact the soil in a vertical                 
                     direction for generating a case opening suitable for subsequent insertion of the                  
                     geophone, wherein said hammer is retractable from the case opening generated                      
                     by said hammer.                                                                                   


                     Claim 1 stands rejected under 35 U.S.C. § 102(b) as being anticipated by U.S.                     
              Patent No. 5,315,0741 to Berquist.                                                                       


                     The conflicting viewpoints advanced by the examiner and the appellant regarding                   
              the above-noted anticipation rejection are set forth in the examiner's final rejection                   
              (Paper No. 11, mailed March 27, 2002), the appellant's brief (Paper No. 17, filed                        
              October 3, 2002), the examiner's answer (Paper No. 18, mailed December 27, 2002)                         
              and the appellant's reply brief (Paper No. 19, filed March 4, 2003).                                     





                     1 Issued May 24, 1994.                                                                            







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