Ex Parte Morrison - Page 5



          Appeal No. 2005-0901                                                        
          Application No. 10/182,886                                                  

          the line."  Also, Reinhardt provides no teaching that the tip of            
          the helical member terminates on the constant amplitude without             
          extending into the cavity of the member.                                    
               Accordingly, it cannot be said that Reinhardt describes the            
          element of claim 1 within the meaning of § 102.                             
               As for the § 103 rejection, Bracewell does not cure the                
          deficiencies of Reinhardt discussed above.  In addition, we                 
          concur with appellant that Bracewell does not evidence the                  
          obviousness of modifying the tool of Reinhardt such that it has a           
          means for increasing the size of the bore created by the soil               
          penetrating portion of the tool (claim 12) or has portions having           
          a greater pitch or wavelength to create a spring effect.  While             
          the auger drilling system of Bracewell has portions of different            
          pitch or wavelength to stabilize the bore wall by compressing the           
          tailings against the bore wall, we agree with appellant that the            
          examiner has not provided any satisfactory explanation how such a           
          compression would necessarily result in an increasing of the size           
          of the bore.  Furthermore, as urged by appellant, the flights 4             
          of Bracewell are welded to the stem 6, and the examiner has not             
          set forth how such a modification would have been implemented in            
          the tool of Reinhardt.  Also, as submitted by appellant "it would           
          appear that such springing or oscillating movement is totally               

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