Ex Parte Morrison - Page 1



               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               and is not binding precedent of the Board.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-                                          



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