Appeal No. 2004-0839 Page 14
Application No. 09/347,695
Positioning cylinders move the lower end of the framework into place. Locking
means prevents undesired framework movement during hammer operation.
In addition, Christensen teaches (column 6, lines 22-25) that "[c]ylinders 70 of the
support structure will be extended or retracted subsequent to adjustment of the masts
51 to move the framework 10 into a vertical or plumb condition." The Christensen
patent is currently classified in Class 173/193, Class 173/1 and Class 175/19. The
examiner has searched Class 175/19 but has not searched anywhere in Class 173.
Accordingly, it is our view that the examiner should consider a search in Class 173.
We also remand this application to the examiner to consider whether or not the
patent to Christensen renders any of the pending claims unpatentable under 35 U.S.C.
§ 102(b) or 35 U.S.C. § 103(a).
Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: November 3, 2007