Ex Parte SCOTT - Page 3




              Appeal No. 2004-0839                                                               Page 3                
              Application No. 09/347,695                                                                               


                                                      OPINION                                                          
                     In reaching our decision in this appeal, we have given careful consideration to                   
              the appellant's specification and claim 1 under appeal, to the applied patent to Berquist,               
              and to the respective positions articulated by the appellant and the examiner.  As a                     
              consequence of our review, we make the determinations which follow.                                      


              The teachings of Berquist                                                                                
                     Berquist's invention relates to a method and apparatus for implanting geophones                   
              into the earth for the detection of seismic waves.  In the BACKGROUND OF THE                             
              INVENTION section of the patent (column 1, lines 11-33) Berquist teaches that:                           
                            Heretofore, an apparatus has been provided for implanting geophones                        
                     into the earth for the detection of seismic waves. For example, U.S. Pat. No.                     
                     4,838,379 dated Jun. 13, 1989 and U.S. Pat. No. 5,007,031 dated Apr. 9, 1991                      
                     show manually actuated geophone implanting tools. Normally, as shown in U.S.                      
                     Pat. No. 5,007,031 a hole is first dug in the earth to receive the geophone at a                  
                     predetermined location. Then, after properly inserting the geophone within the                    
                     hole, a spike on the geophone is manually driven into the bottom of the hole for                  
                     anchoring the geophone. It is time consuming to first dig the holes for the                       
                     geophones and then to position and anchor the geophones within the holes                          
                     manually by hammering the geophones into the holes.                                               
                            It is difficult to obtain manually the precise level and alignment of the                  
                     geophone when implanted in the earth in order to obtain accurate measurements                     
                     of the seismic activity. It is desirable in most instances that the geophones be                  
                     positioned along an accurate vertical axis regardless of the slope of the earth                   
                     surface. To obtain such an accurate positioning with manual tools is time                         
                     consuming, and such manual tools sometimes result in a possible error in the                      
                     desired alignment and positioning.                                                                








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