The opinion in support of the decision being entered today was not written for publication in a law journal and is not binding precedent of the Board. UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES Ex parte MICHAEL JOSEPH MORRISON Appeal No. 2005-0901 Application No. 10/182,886 ON BRIEF Before CAROFF, KIMLIN and PAWLIKOWSKI, Administrative Patent Judges. KIMLIN, Administrative Patent Judge. DECISION ON APPEAL This is an appeal from the final rejection of claims 1-3, 12, 15 and 21. Claims 1 and 21 are illustrative: 1. A soil manipulating tool for manipulating soil, including; a soil penetrating portion comprising a helical or spiral member; the helical or spiral member having an inner surface defining a substantially cylindrical cavity in which a plug of soil can locate, the cavity extending substantially the entire length of the soil penetrating portion; and the helical or spiral configuration of the soil penetrating portion having a substantially constant amplitude along the soil -1-Page: 1 2 3 4 5 6 7 NextLast modified: November 3, 2007