Appeal No. 2004-0839 Page 13
Application No. 09/347,695
subsequent insertion of a geophone, wherein the hammer is retractable from the case
opening generated by the hammer is not readable on Berquist's push tube 68. In that
regard, it is our view that an artisan would understand the noun "hammer" as used in
claim 1 to mean a tool used to exert an impulsive force by striking. Since Berquist's
push tube 68 does not exert an impulsive force by striking, it is not a hammer.
Since Berquist does not disclose all the limitations of claim 1 for the reasons set
forth above, the decision of the examiner to reject claim 1 under 35 U.S.C. § 102(b) is
reversed.
REMAND
We remand this application to the examiner to consider a search in Class 173,
Tool Driving or Impacting. U.S. Patent No. 3,710,8762 to Christensen relates generally
to equipment and a method for impact forming a ground hole for the reception of a post.
The abstract of Christensen provides that:
A machine is disclosed having a hammer for impact forming a ground hole. The
hammer works within a hammer guide the lower end of which may be biased into
ground penetration during hole forming to serve as a casing. The hammer guide
assembly is slidably carried within an elongate framework which is positionable
to the side of a vehicle for hole forming along roadways. Support means
adjustably suspends the framework to position same over the hole site.
2 Issued January 16, 1973. A copy of this patent is attached to this decision.
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